Bombay High Court
CAF/2077/2024 of IFFCO TOKIO GENERAL INSURANCE CO. LTD., THR. AUTHORIZED OFFICER, YAVATMAL Vs BARAFSINGH SAKHARAM RATHOD AND OTHERS on 15 October 2026
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
35 caf 2077-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 2077 OF 2024
IN
FIRST APPEAL ST. NO.5616 OF 2024
Iffco Tokio General Insurance Co. Ltd., Thr. Authorized Officer, Yavatmal
VERSUS
Barafsingh Sakharam Rathod And Others
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders
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DATE : 15.10.2026
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1. At the outset, it is pointed out by the appellant that though efforts were taken by him to serve respondent No.5, who is a driver of the vehicle, could not serve him the notice of this application. It is also pointed out that before the Claims Tribunal, he did not appear, and therefore, the Tribunal proceeded ex-parte against him.
2. In the present matter, the claimants who are the contesting party are present before this Court. Hence, the service of notice on respondent No.5 is waived.
3. By this application, the applicant is seeking the condonation of 53 days caused in filing the appeal. The averments made in the application are not controverted by the respondents/claimants. Therefore, considering the
35 caf 2077-2024.odt averments, which remain uncontroverted, the application is allowed.
4. The delay of 53 days is hereby condoned.
5. Office is directed to register the appeal.
6. The application stands disposed of.
(PRAVIN S. PATIL J.) R.S. Sahare
Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 16/10/2026 10:29:34