1. When an application, made under section 34 of the Arbitration and Conciliation Act, 1996, ('the Act'), seeking to get set aside an arbitral award, is rejected by the District Judge, on the ground that the application is barred by limitation as prescribed by section 34(3), whether such an order can be challenged by way of an application made under article 226 of the Constitution of India, when an order, made under section 34, setting aside or refusing to set aside the arbitral award is, otherwise, appealable under section 37 of the Act.

2. Embedded in this question is also the question as to what is the period of limitation for the purpose of making, under section 34 of the Act, an application seeking to get set aside an arbitral award?

3. I have heard Mr. B. Das, learned senior counsel, for the petitioners, and Mr. S.M. Chakraborty, learned senior counsel, for the respondent.

4. Before I enter into the merit of the questions, which have been raised challenging, in effect, the very maintainability of the writ petition, it is imperative that certain facts, which are essential for the purpose of disposal of this writ petition, be taken note of and are, therefore, set out, in brief, as

Click Here to Read the rest of this document