BADAR DURREZ AHMED,J. - (1.) This appeal is directed against the order dated 17.02.2016 passed by a learned single Judge of this court in IA No.4311/2016 in OMP 294/2014. IA No.4311/2016 was an application under Section 5 of the Limitation Act filed on behalf of the respondent for condonation of delay of 55 days in re - filing. The said application was allowed by the learned single Judge by virtue of the impugned order dated 17.02.2016. OMP 294/2014 is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the A&C Act) for setting aside the arbitral award dated 10.09.2013.
(2.) The plea of the appellant before this court is that the learned single Judge ought not to have condoned the delay of 55 days in re -filing the said petition under Section 34 of the A&C Act.
(3.) The learned counsel for the respondent herein raised a preliminary objection with regard to the maintainability of the present appeal. It was contended on behalf of the respondent that an appeal under Section 37 of the A&C Act could be filed only against the orders specified in Section 37(1)(a), (b) or (c). It was pointed out that the impugned order does not fall within the orders specified in Section 37(1) of the A&C Act. The learned counsel emphasised that Section 37(1) of that Act uses the expression "(and from no others)" which clearly indicates that only those orders mentioned in Section 37(1) would be appealable and no others.;