SUMAN DEVI Vs. ADDITIONAL COMMISSIONER (ADMINISTRATION)

JUDGEMENT

(1.) Defect in appeal is that certified copy of formal order has not been filed. An application for exemption has been filed. Exemption is granted and we proceed to hear appellant under Order 41 Rule 11 C.P.C.

(2.) Heard learned counsel for appellant and perused the record.

(3.) This appeal under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") has arisen from judgment and order dated 25.08.2017 passed by District Judge, Moradabad dismissing appellant's application under Section 34 of of Act, 1996 on the ground that same was filed after period of limitation prescribed under Section 35 of Act, 1996 and Section 5, Limitation Act, 1963 (hereinafter referred to as "Act, 1963") is not applicable to application preferred under Section 34 since maximum period of limitation prescribed therein is not extendable, hence there is no power of condonation of delay.