Appealability of delay refusal in section 34 proceedings affirmed under arbitration law, making the order challengeable in appeal.

An order refusing to condone delay in filing a section 34 application is treated as an order refusing to set aside the arbitral award, because section 34 permits recourse only through an application made within the prescribed limitation period and section 37(1)(c) appeals from orders setting aside or refusing to set aside an award under section 34. The phrase "under section 34" covers the whole of section 34, not merely the substantive grounds in sub-section (2). Accordingly, the refusal to condone delay falls within the appealable category, and the appeal under section 37(1)(c) is maintainable. Contrary High Court views were overruled, while the condonation-granted precedent was held inapplicable.

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Issues: Whether an appeal under section 37(1)(c) of the Arbitration and Conciliation Act, 1996 lies against an order refusing to condone delay in filing an application under section 34 to set aside an arbitral award.

Analysis: Section 34(1) makes recourse to court available only by an application for setting aside the award in accordance with sub-sections (2) and (3), and sub-section (3) imposes a strict limitation period with a further outer period of thirty days. Section 37(1)(c) permits an appeal from an order setting aside or refusing to set aside an arbitral award under section 34, and the expression "under section 34" extends to the entirety of section 34, not merely to the merits grounds in sub-section (2). The refusal to condone delay therefore has the legal effect of refusing to set aside the award and falls within the appealable class of orders. The reasoning in the earlier precedent under the pari materia provision of the Arbitration Act, 1940 was accepted, and contrary High Court views were overruled. The judgment in the condonation-granted context did not govern the present question.

Conclusion: The appeal under section 37(1)(c) was held to be maintainable against the order refusing to condone delay in filing the section 34 application.

Ratio Decidendi: An order refusing to condone delay in a section 34 application, because it finally results in refusal to set aside the award, is appealable under section 37(1)(c) of the Arbitration and Conciliation Act, 1996.

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