1. Legality and propriety of the order dated 26-11-2008, passed by the District Judge, Bilaspur in MJC Case No. 117/04 is under assail in the instant petition.

2. Brief facts as projected by the petitioner are that : On 9-11-2004, the respondent / Railway moved an application under S.34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for setting aside arbitral award dated 2-8-2010. On 22-2-2006 respondent moved an application under proviso to S.34 (3) of the Act for condonation of delay of seven days in filing application under S.34 of the Act. In the above application, it has been stated that the respondent had received the arbitral award on 10-8-2004 and thus application filed on 9-11-2004 was within limitation, but in any case, if it is found that respondent had received the arbitral award on 2-8-2004, then delay would be of seven days which is neither deliberate nor intentional.

3. The Court below vide order impugned allowed the application and condoned the delay. Hence this petition. 4. Shri Sanjay K. Agrawal, learned counsel appearing for the petitioner would submit although, respondent had filed application under S.34 of the Act on 9-11-2004 i.e. seven