35 caf 2077-2024.odt 1 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.M. Kukday, Advocate for appellant CORAM : PRAVIN S. PATIL, J. DATE : 15.10.2026 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 2 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