Time limit for appeal : extention

P.R.KABRA (Querist) 09 May 2014 This query is : Resolved
My friend lost a case in District court. The decision of arbitrators in the case is against him. He wants to challenge it in upper court. The time limit for filing appeal is 90 days. Currently the vacations are going on. Courts are on vacation. The advocate of my friend said that as the courts are on vacation, we can appeal in 120 days. But I am suspicious about the advice. I am in taxation field and know little about the procedures in Civil Courts. Please guide me whether the advice given by my friend's lawyer is correct or not and what should be done if it is wrong. Delay condonation application is not adviceable procedure in my opinion.

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Guest (Expert) 09 May 2014
Even During Vacation Urgent Petitions Could be filed with valid Reasons.Contact the Court Registrar who would be available During Vacation

Devajyoti Barman (Expert) 09 May 2014
Application u/s 34 of the Act is for 120 days.
While calculating this period the vacation if started before the expiry of this 120 days, shall be excluded.
During vacation urgent applications like Anticipatory bail injunction etc can be filed, not the regular appeals or applications.

ajay sethi (Expert) 09 May 2014
period during the vacation is excluded . file application for setting aside award after the vacations

Sankaranarayanan (Expert) 09 May 2014

i do agree with experts suggestion. you can file after vacation

Rajendra K Goyal (Expert) 09 May 2014
Can be filed after vacation, Agree with the experts.

P.R.KABRA (Querist) 10 May 2014
Thank you, all. Thank you very much.

Devajyoti Barman (Expert) 11 May 2014
welcome............

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