ORDER

R. V. Raveendran J. —

Leave granted. Heard.

2. Certain disputes having arisen between first respondent and appellants, the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) and an arbitrator was appointed. The Arbitrator made an Award dated 6.2.2009. The appellants, being under an impression that the proceedings under Section 34 of the Act for setting aside the Award was in the nature of an appeal against the Award, filed an `appeal’ under Section 34 of the Act before the Guwahati High Court on 6.5.2009 (numbered as Arbitration Appeal No.10/2009). On receiving the notice in the execution levied in regard to the Award dated 6.2.2009, the appellants realised that the proceedings under Section 34 of the Act was not by way of an appeal before the High Court, but by way of an original application before the District Court. However, as by then the courts were closed for the ‘Puja Holidays’ between 25.9.2009 and 19.10.2009, the appellants filed the application (A.C.No.512/2009) under Section 34 of the Act before the District Court, Kamrup, Gauhati, for setting aside the said award, on 19.10.2009 when the courts re-