R. M. S. KHANDEPARKAR, J. :- Reardthe learned Advocate for the parties.

2. This is an appeal stated to have been filed under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") against the order dated 23-12-2005, whereby the lower Court has rejected the application filed by the appellants in terms of section 34(3) of the Act.

3. A preliminary objection has sought to be raised on behalf of the

dents that the impugned order is not an appealable order within the meaning of said expression under section 37 of the Act.

4. The contention of the respondents is that section 37(1) of the Act clearly provides that an appeal is maintainable against granting or refusing to grant any measure under section 9 and against setting aside or refusing to set aside an al award under section 34 of the Act. By the impugned order, the Court has neither dealt with nor disposed of the application which was filed by the respond for setting aside of the award. The impugned order only deals with decides the application which was filed by the appellants under section 34(3) extension of time or for condonation of delay in filing the application by the app