SUBHRO KAMAL MUKHERJEE, J.

(1.) Although, the matter is appearing under the heading application, by consent of the parties, we take up the appeal itself for hearing.

(2.) This is an appeal against an order dated July 31, 2009 passed by the learned Chief Judge, City Civil Court at Calcutta in Misc. Case No. 124 of 2008. The learned Chief Judge rejected an application under section 34 of the Arbitration and Conciliation Act, 1996 (the said Act in short) holding, inter alia, that such application could not be entertained as it was barred by limitation under the provision of sub-section (3) of section 34 of the said Act.

(3.) The appellant before us filed an application under section 34 of the said Act for setting aside of an award in the City Civil Court, Calcutta. Along with the said application an application under section 5 of the Limitation Act, 1963 was filed seeking for condonation of delay in filing such application.

(4.) Section 34(3) of the said Act runs as under : "An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made