Manipur High Court
In Re: Registrar General vs All Manipur Contractors’ Association … on 28 July, 2026
2026:MNHC:141
Item No.7
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Tr.Petn(C). No.8 of 2025
IN RE: Registrar General, High Court of Manipur
Petitioner/s
Vrs.
1. All Manipur Contractors' Association Forum, having its head office address
at PWD Complex, Imphal West, P.O. & P.S. Imphal, Manipur, PIN 795001
represented by i. Shri Laishram Guni Singh, aged about 77 years, S/o
(Late) Khamba Singh, resident of Kakwa Laiphrakpam Leikai, P.O & P.S-
Singjamei, Imphal West District, Manipur-795001; and ii. Mr. L.S Asheli,
aged about 76 years, Son of (Late) Shisou, resident of Paomei Colony, P.O.
Mantripukhri, P.O. Heingang, Imphal East District, Manipur-795002.
2. Shri Amit Shukla, aged about 52 years, Son of Not known, currently serving
as the Director General, National Rural Infrastructure Development Agency
(NRIDA), 5th Floor, 15 NBCC Tower, Bhikaji Cama Place, New Delhi-
110066.
Respondent/s
BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
(ORDER)
28.07.2026
[1] The following abbreviations/short forms have been used in this
order:
Sl. Abbreviation/Short Full Form/Expansion
No. Form/other references
for the sake of
brevity/convenience
and/or clarity
1. transferor Court Civil Judge (Senior Division)
Imphal WestPage 1 of 5
2026:MNHC:1412 transferee Court Civil Judge (Senior Division)
Imphal East
3. said suit Original (defamatory) Suit No.41
of 2025
4. CPC The Code of Civil Procedure, 1908
5. R1 first respondent
6. R2 second respondent
7. RG Learned Registrar General, High
Court of Manipur.
[2] Captioned transfer petition has been filed in this Court on 14.11.2025
inter-alia under Section 24 of CPC.
[3] A letter dated 06.09.2025 bearing reference No. CJ(SD)IW/2025/303-
304 from the learned Presiding Officer of the transferor Court which has been
forwarded to learned RG of this Court under cover of letter dated 08.09.2025
bearing Reference No.5/14/2009-DJ(W):2758 from the Office of the District and
Sessions Judge, Imphal West has necessitated for filing of captioned transfer
petition.
[4] To be noted, said suit is now pending on the file of transferor Court,
said suit was instituted in the transferor Court on 03.09.2025 and the same learned
Presiding Officer who has written afore-referred 06.09.2025 letter continues to
preside transferor Court. In and vide afore-referred 06.09.2025 letter adverted to
supra, learned Presiding Officer of transferor Court has recused herself qua said
suit on the ground that her father’s elder brother one Mr. Laishram Guni Singh
representing one L.S. Asheli appeared for plaintiff.
[5] To be noted, in the captioned petition R1 is plaintiff in the said suit
and R2 is lone defendant in the said suit.
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2026:MNHC:141
[6] Before proceeding further, it has become necessary to refer to
proceedings made by this Court in the listing of captioned matter on 10.02.2026
and this proceedings reads as follows:
‘10.02.2026
‘Matter mentioned at the time of rising of the Court’
2. Mr.M. Rustam, learned counsel for revision petitioner
submitted that respondents have been served, no one has entered
appearance but made a request to have the matter listed on
24.03.2026 as according to him, captioned matter has overlap qua
Tr.P(C) No. 7 of 2025 which is listed on that day. To be noted the
transfer petitions are not tagged and they are to be listed as separate
items.
3. Afore-referred request acceded to.
4. List on 24.03.2026.’
[7] As would be evident from the afore-referred proceedings, the same
was made on the basis of representation/submission made by learned counsel for
transfer petitioner but today Mr. W. Jamon, learned counsel on record for transfer
petitioner expresses regret, tenders apology and says that there is no overlap of the
captioned mater qua Tr.P(C) No.7 of 2025 and representation was wrongly made
on 10.02.2026. In this view of the matter, it is made clear that there is no overlap
of the captioned matter qua Tr.P(C) No.7 of 2025. To be noted, today Tr.P(C) No.7
of 2025 was also listed before this Court. This Court had the benefit of perusing
the case file of Tr.P(C) No.7 of 2025 and that pertains to transfer of O.S No. 1 of
2025 on the file of District Judge, Senapati.
[8] Reverting to the case on hand, both respondents have been duly
served, R1 has entered appearance and today Mr. Royal Ray Salam, learned counsel
Page 3 of 5
2026:MNHC:141
on record for R1 led by Mr. S. Rupachandra, learned senior advocate is before this
Court.
[9] As regard R2, though R2 has been duly served on 11.12.2025 itself,
R2 has neither chosen to enter appearance through counsel nor come before this
Court (either in the physical Court or on the video conferencing platform). To be
noted, after 11.12.2025, captioned matter was listed before this Court on
10.02.2026, 24.03.2026, 24.04.2026 and 05.06.2026 (all before listing today) and
this means that R2 has been given sufficient, adequate and ample opportunity.
[10] As regards the transfer plea, learned senior counsel Mr. S.
Rupachandra very fairly submitted that the prayer can be acceded to as it is a case
of recusal by the learned Judge presiding the transferor Court and the same learned
Judicial Officer continues to preside the transferor Court. It was further submitted
that it would be desirable to transfer said suit to transferee Court as it is in the same
complex i.e., Cheirap Court complex.
[11] This Court, carefully considered the facts and circumstances of the
case. This Court is of the considered view that the learned Judicial Officer presiding
the transferor Court was absolutely correct in recusing herself as her father’s elder
brother has represented the counsel for plaintiff. As regards R2, it is made clear
that the transferee Court will now retry the said suit i.e., will commence from issue
of suit summons and notices in interlocutory applications, if any. This order is being
made in exercise of powers under sub-Section (2) of Section 24 of CPC which
empowers this Court to give special directions to retry a matter in cases of transfer.
This protects the interest of R2. In any event, R2 cannot have any objection to the
transfer considering the ground on which transfer is predicated. Besides these two
Page 4 of 5
2026:MNHC:141
points, the third point of importance is that R2 has been given adequate, ample
and sufficient opportunity as adverted to/alluded to elsewhere supra in this order.
[12] In the result i.e., owing to narration, discussion and dispositive
reasoning thus far, captioned transfer petition is allowed and the following order
is made:
(i) Said suit i.e., O.S. No. 41 of 2025 on the file of transferor Court {Civil
Judge (Senior Division) Imphal West} now stands transferred to
transferee Court {Civil Judge (Senior Division) Imphal East};
(ii) The transferor Court is directed to send all case records and suit file
qua said suit (O.S. No. 41 of 2025) to transferee Court forthwith
through a special messenger;
(iii) The transferee Court shall now list the matter on 01.08.2026, issue
suit summons, fresh notices in interlocutory applications (if any) and
retry said suit (O.S. No. 41 of 2025).
[13] Captioned transfer petition is allowed albeit with aforesaid
observations and directions. There shall be no order as to costs.
CHIEF JUSTICE
Ab. Surjit
P.S. I : Upload forthwith.
P.S. II : All concerned will stand bound by web copy uploaded in High Court website inter-alia
as the same is QR coded.
P.S. III : Registry of this Court is directed to communicate this order forthwith to Presiding
Officer of transferor Court {Civil Judge (Senior Division) Imphal West} and transferee
Court {Civil Judge (Senior Division) Imphal East} forthwith by sending the same
through a special messenger.
Page 5 of 5
Abujam Digitally signed by
Abujam Surjit Singh
Surjit Singh Date: 2026.07.28
18:22:02 +05'30'
