Admit. The learned Counsel for the respondent, waives service. Heard finally by consent of parties.

2. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act, for short), challenging the order dated 29.08.2016, by which the learned District Judge has rejected the application under Section 34 of the Act, filed by the appellant, as being barred by limitation.

3. The brief facts are that an agreement between the parties, containing an arbitration clause, was executed in Goa. The arbitration was to be conducted at Mumbai, as per the Rules, Bye-laws and Regulations of the Bombay Stock Exchange Regulations (Regulations, for short). As disputes and differences arose between the parties, the matter was referred to a panel of three Arbitrators, who rejected the claim of the appellant by an award dated 18.10.2010.

4. The appellant challenged the said award by filing an application under Section 34 of the Act before the learned District Judge at Barasat, West Bengal. That application was filed on 20.12.2010. On 09.12.2013, the District Court at Barasat directed return of the application for presentation to the proper Court. This order was passed in the ab