JUDGMENT : – Appellant has filed this appeal challenging impugned order dated 25-6-2019 passed by First Additional District Judge, Balaghat (M. P.) in MJC No. 127/2017 by which application under section 34 of the Arbitration and Conciliation Act, 1996 was dismissed.

2. Learned Court below held that limitation for filing application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act, 1996”) shall be counted from date of passing of award dated 22-6-2017. Application filed for modification of award under section 33 of Act of 1996 will not have any bearing as said application was filed on merits of award and not on grounds under section 33(1)(a)(b). Application under section 34 ought to have been filed within period of three months i.e. by 22-9-2017 but no application was filed in said time frame. No application was filed for condonation of delay neither any reason for delay was given in application under section 34 of Act of 1996. In reply to application filed by non-applicant under Order 7 Rule 11 of Civil Procedure Code, no reason explaining delay was mentioned. In view of aforesaid circumstances of the case, First Additional District Jud