My Lord, Appeal under Section 37(1)(c) would be maintainable against an Order refusing to condone delay in filing an Application under Section 34?
It is important to note, the expression “setting aside or refusing to set aside” an Arbitral Award has to be read with the expression “under Section 34”. A refusal to set aside an Arbitral Award, as delay has not been condoned under Sub-Section (3) of Section 34, would certainly fall within Section 37(1)(c).
Undoubtedly, a limited right is given under Section 37. But it is not the province or duty of this Court to further limit, given the language of the provision as interpreted by us.
– Hon’ble Justice R.F. Nariman, Chintels India Ltd. v. Bhayana Builders Pvt. Ltd., [Civil Appeal No. 4028 of 2020].