JUDGMENT

A.K.MATHUR, J.—

1.Leave granted in both the Special Leave Petitions.

2.Since the question of law involved in both the appeals is common, they are disposed of by this common judgment. For the sake of convenience, the facts stated in Civil Appeal arising out of S.L.P.(c) No.14804 of 2005 are taken into consideration.

3.This appeal is directed against the order passed by learned Single Judge of the Gauhati High Court, Itanagar Bench in Writ Petition No.408 of 2004 whereby learned Single Judge set aside the order dated 15.9.2004 passed by the Deputy Commissioner cum District Judge, Papum Pare, District, Yupia in Miscellaneous Application No.10 of 2004 condoning the delay in making application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as ‘the Act’ ), being not maintainable. Hence, the order dated 15.9.2004 was set aside and the writ petition was allowed. Aggrieved against this order passed by the High Court of Gauhati, Itanagar Bench, State of Arunachal Pradesh has preferred the present appeal.

4.Brief facts which are necessary for disposal of this appeal are that the respondent herein entered into a contract agreement bearing N