Arun Bhansali, J.

This application under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the applicant against the interim final arbitration award on jurisdiction dated 23.3.2017 passed by the Panel of Arbitrators of the Refined Sugar Association.

2. The office has reported that the application is barred by limitation by 80 days.

3. An application under Section 34(3) of the Act has been filed seeking condonation of delay in filing the arbitration application.

4. The respondent No. 1 has appeared on caveat. Copies of the applications under Section 34 and under Section 34(3) of the Act were supplied to learned counsel appearing for the respondents.

5. Though, no reply to the application under Section 34(3) of the Act seeking condonation of delay has been filed, learned counsel appearing for the caveator raised preliminary objection about the maintainability of the application under Section 34 itself, on which objection, parties were heard.

6. It is submitted by learned counsel for the respondent that the impugned award dated 23.3.2017 is a foreign award in terms of Section 44 of the Act and arises out of an International Commercial Arbitration,