Indira Banerjee, J.

This appeal is against a judgment and Order dated 9th December, 2014 passed by the learned District Judge, Uttar Dinajpur, dismissing the application being Misc. Case No. 12 of 2014 filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996, for setting aside an award dated 12th November, 2013 passed by the learned Arbitrator, Shri Kalyanmoy Ganguly, a retired Judge of this Court.

2. The learned Arbitrator handed over the original award to the respondent No. 1. On the same day a photocopy of the award was handed over to Sri. Pradip Saha, an Assistant Engineer, who acknowledged receipt thereof.

3. The photocopy of the award that was handed over to Sri. Pradip Saha had the photocopied signature of the learned Arbitrator. However, the learned Arbitrator had not signed the photocopy of the award.

4. The said application under Section 34 of the 1996 Act has been rejected on the ground that it had filed beyond a period of three months and thirty days from the date of receipt of the award.

5. Section 34(3) provides as follows:-

“An application for setting aside may not be made after three months have elapsed from the date on which the pa