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Bombay High Court

NATIONAL FILM DEVELOPMENT CORPORATION LTD.versusSUNDARAM ENTERPRISES AND 3 OTHERS

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the delay and set aside the self‑operative dismissal, allowing restoration of the execution application subject to removal of objections.

Summary

The National Film Development Corporation Ltd. filed an interim application seeking restoration of its execution application that had been dismissed on 31 January 2020 for failure to remove office objections. The restoration application was filed after a delay of four years and eleven months, part of which the applicant attributed to the Covid‑19 pandemic. The Court examined whether the delay could be condoned and whether the self‑operative dismissal could be set aside. Satisfied with the applicant’s explanation, the Court condoned the delay and set aside the self‑operative order, directing the respondents to remove the objections within six weeks or face dismissal of the execution application. The matter was listed for hearing on 20 August 2026 and the interim application was disposed.

Issues considered

  • Whether the delay of four years and eleven months in filing the restoration application can be condoned.
  • Whether a self‑operative dismissal for non‑removal of objections can be set aside.
  • Whether the execution application can be restored subject to removal of objections.

Subjects

  • execution
  • restoration of execution
  • condonation of delay
  • self‑operative order
  • Covid‑19 pandemic
  • civil procedure

Judgment

                                                                   76.IA-467.25.DOCX


                                                                                  ppn

             Digitally signed   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI
PRANESH
             PRANESH                ORDINARY ORIGINAL CIVIL JURISDICTION
             NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.07.03
             10:54:52 +0530
                                    INTERIM APPLICATION NO. 467 OF 2025
                                                    IN
                                  EXECUTION APPLICATION NO. 2512 OF 2015

                    National Film Development Corporation Ltd. ….Applicant
                          V/s.
                    Sundaram Enterprises & Ors.                   ….Respondents
                    _____________________________________________________
                    Mr. Sukesh Shah (through VC) for the applicant.
                    ______________________________________________________


                                                          CORAM : JITENDRA JAIN, J.
                                                          DATED : 2nd July,2026

                    PC:-

                    1.      This application is filed for restoration of execution
                    application which was dismissed by order dated 31 January 2020.
                    There is delay of 4 years and 11 months in filing the present
                    application. Part of the delay is on account of Covid-19 pandemic
                    i.e. from March 2020 till March 2022. The applicant has explained
                    the delay from paragraph 3 onwards.

                    2.      Being satisfied with the reasons, the delay in filing the
                    application is condoned. The self-operative order by which the
                    execution application was dismissed for non-removal of objection
                    is set aside.

                    3.      If office objections are not removed within 6 weeks from
                    today, then execution application will stand dismissed without
                    reference to the Court and no further restoration application will
                    be entertained.


                                                 Page 1 of 2
                                             76.IA-467.25.DOCX


4.    If the objections are removed within stipulated time, list
this matter on 20 August 2026.

5.   Interim application is disposed of.



                                               (Jitendra Jain, J)




                            Page 2 of 2


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