JUDGMENT :

VIVEK SINGH THAKUR, J.

1. In instance case, in a dispute between the parties referred for arbitration, the Arbitrator had passed an award under the Arbitration and Conciliation Act (hereinafter in short ‘the Act’) on 1.10.2019. Signed copy of award was provided to parties on the same day.

2. Feeling aggrieved and dissatisfied with award, appellants had preferred objections before learned District Judge under Section 34 of the Act along with an application for condonation of delay in filing the same. Objections along with application for condonation of delay were filed on 17th February, 2020 after expiry of 138 days as Courts were closed for winter vacation from 20th January, 2020 to 17th February, 2020.

3. Learned District Judge, referring the pronouncement of the Supreme Court in Assam Urban Water Supply and Sewerage Board vs. Subash Projects and Marketing Limited, (2012) 2 SCC 624 has dismissed the application for condonation of delay being not filed within limitation period as provided under Section 34 of the Act.

4. The aforesaid dismissal of application by learned District Judge has been assailed in present appeal.

5. Section 34(3) of the Act provides the limitation perio