JUDGMENT

Dr. AR. Lakshmanan, J.—Leave granted.

2. Heard Mr. T.L.V.Iyer, learned senior counsel for the appellant and Mr.R.Sathish, learned counsel for the respondents.

3. This appeal is directed against the order passed by the learned Single Judge of the High Court dt.13.12.2005 in C.R.P.No.1177 of 2005. Before the High Court, it was submitted by the appellant herein (D.Gopinathan Pillai) that the delay in filing an application for setting aside the award was only 30 days and there was absolutely no explanation for the inordinate delay of 3320 days in filing the appeal. The High Court without going into the merits of the delay petition has, however, observed that the application to set aside the award is ultimately dismissed then the appellant cannot be said to be aggrieved and that if the said petition is ultimately allowed and the arbitral award passed in favour of the appellant is set aside then his remedy is to file an appeal under Section 39 of the Arbitration Act, 1940 and that the appellant can challenge the impugned order in that appeal, in case, the petition to set aside the award happened to be decided against the appellant. Reserving the said right to the appellant,