The State Of Manipur vs M/S The Simplex Infrastructures Ltd. … on 29 July, 2026

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    Manipur High Court

    The State Of Manipur vs M/S The Simplex Infrastructures Ltd. … on 29 July, 2026

                                                     2026:MNHC:144
    
                                                         REPORTABLE
                                                      S. Item Nos. 1 & 2
    
    
             IN THE HIGH COURT OF MANIPUR
                       AT IMPHAL
    
    
    
                        MAF No. 1 of 2026
    
    1. The State of Manipur, represented by the Chief
       Secretary/Commissioner     (Works),   Government      of
       Manipur having its office at Old Secretariat Building,
       Bapupara, P.O. & P.S. Imphal, Imphal West District,
       Manipur. PIN : 795001.
    2. The Public Works Department, through its Chief
       Engineer (Building), Manipur, Khuyathong P.O. & P.S.
       - Imphal, Imphal West District, Manipur, PIN : 795001.
    3. The Executive Engineer, Office at Executive Engineer
       Building, Division No. 1, PWD, P.O. & P.S. - Imphal,
       Imphal West District, Manipur, PIN: 795001.
    
    
                                                      .....Appellants
    
                           Versus
    
    
    M/S The Simplex Infrastructures Ltd. through its General
    Manager, Simplex House, 27, Shakespeare Sarani,
    Kolkata - 700017.
    
    
                                                     ......Respondent
                           With
                    MC(MAF) No. 1 of 2026
    
    1. The State of Manipur, represented by the Chief
       Secretary/Commissioner     (Works),   Government      of
       Manipur having its office at Old Secretariat Building,
    
                                                          Page 1 of 12
                                                                2026:MNHC:144
                 Bapupara, P.O. & P.S. Imphal, Imphal West District,
                 Manipur. PIN : 795001.
             2. The Public Works Department, through its Chief
                 Engineer (Building), Manipur, Khuyathong P.O. & P.S.
                 - Imphal, Imphal West District, Manipur, PIN : 795001.
             3. The Executive Engineer, Office at Executive Engineer
                 Building, Division No. 1, PWD, P.O. & P.S. - Imphal,
                 Imphal West District, Manipur, PIN: 795001.
    
    
                                                                .....Applicants
    
                                    Versus
    
    
             M/S The Simplex Infrastructures Ltd. through its General
             Manager, Simplex House, 27, Shakespeare Sarani,
             Kolkata - 700017.
    
    
                                                               ......Respondent
    
    
    
    
                                      BEFORE
               HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
    
    For appellants/applicants      Mr. M. Devananda, Senior Advocate and
                                   Additional Advocate General instructed by
                                   Ms. N. Jyotsana, Advocate.
    For respondent                 Mr. S.D. Singh, Senior Advocate instructed
                                   by Ms. N. Diana Devi, Advocate.
    Date of Order                  29.07.2026
    
    
    
    
                                                                   Page 2 of 12
                                                                        2026:MNHC:144
    
    
    
    
                                         ORDER
    

    [1] Captioned matter was listed before a Hon’ble Single Bench

    which made an order/proceedings dated 23.07.2026 which reads as

    SPONSORED

    follows:

    ‘23.07.2026

    [1] Present Mr. M. Devananda, learned Addl. A.G.
    assisted by Ms. N. Jyotsana, learned counsel for the petitioner and
    Mr. SD Singh, learned senior counsel assisted by Ms. N. Diana,
    learned counsel for the sole respondent.

    [2] It appears that there is confusion about roster Court to
    deal this matter. In the circumstances, Registry is directed to list
    this case before appropriate roster bench after verifying the case
    in terms of the High Court of Manipur Rules, 2019. Registry is
    directed to place this matter before the Hon’ble Chief Justice on
    administrative side for placing before roster bench.

    [3] Mr. SD Singh, learned senior counsel for the
    respondent, submits that he is outstation counsel and one of his
    matters is listed before this Court on 29.07.2026 and made a prayer
    that this matter maybe listed on 29.07.2026. While listing this case,
    the request of Mr. SD Singh, learned senior counsel, may be taken
    into consideration.

                   [4]           List this case on 29.07.2026.
    
                   [5]           Earlier interim order is extended till the next date.'
    
    
    [2]          Pursuant to afore-referred order, Registry placed the matter
    
    

    before Chief Justice on the administrative side and Chief Justice by order

    dated 28.07.2026 made on the administrative side directed the captioned

    Page 3 of 12
    2026:MNHC:144
    matter to be listed before this Single Bench (Chief Justice-Single Bench)

    under cause-list caption ‘FOR CLARIFICATION’. The direction to list under

    cause-list caption ‘FOR CLARIFICATION’ was to get clarification regarding

    whether order dated 26.06.2026 made in Judl. Misc. (Execution) Case No.

    41 of 2026 (Ref: Execution Case No. 1 of 2023) by the Court of District

    Judge, Imphal West was made by the said Court in its capacity as a

    Commercial Court or regular Court or regular Court. This ‘26.06.2026

    order’ shall be referred to as ‘impugned order’ and the ‘Court’ which made

    the impugned order shall be referred to as ‘said Court’ (both for the sake

    of convenience and clarity).

    [3] In the hearing today, Mr. M. Devananda, learned Senior

    Advocate and learned ‘Additional Advocate General’ (‘Addl. A.G.’ for the

    sake of convenience) for Appellant/MC applicant State of Manipur

    instructed by Ms. N. Jyotsana, learned State counsel and Mr. S.D. Singh,

    learned senior counsel instructed by learned counsel on record Ms. N.

    Diana Devi for the respondent are before this Court.

    [4] After some arguments, learned Addl. A.G., on instructions

    submitted that learned State counsel Ms. N. Jyotsana would be withdrawing

    the captioned appeal and captioned Miscellaneous Case therein but sought

    leave of this Court to preserve the rights and contentions of State to file an

    appeal or revision afresh and grant liberty in this regard. To be noted, this

    request is not opposed by Mr. S.D. Singh, learned senior counsel for

    respondent. This request of learned Addl. A.G. is acceded to.

    Page 4 of 12

    2026:MNHC:144
    [5] Be that as it may, for the sake of clarity in such matters in future,

    this Court deems it appropriate to record that notification dated 19.08.2021

    bearing reference No. 4/74/2016-Judl/L regarding constitution of Commercial

    Courts was operating in the State of Manipur and a scanned reproduction of

    this notification is as follows:

    Page 5 of 12

    2026:MNHC:144

    [6] As the above notification was not in conformity with ‘The

    Commercial Courts Act, 2015 (4 of 2016)’ (‘Commercial Courts Act‘ for the

    sake of clarity) another notification being notification dated 02.12.2025

    bearing reference No. 4/33/2025-Judl/L was issued in supersession of

    19.08.2021 notification and a scanned reproduction of this 02.12.2025

    notification is as follows:

    Page 6 of 12

    2026:MNHC:144

    [7] Execution Case No. 1 of 2023 was launched by the award

    holder inter alia by resorting to Section 36 of ‘The Arbitration and Conciliation

    Act, 1996(26 of 1996)’ (hereinafter ‘A&C Act’ for the sake of brevity) qua

    execution of an Arbitral Award dated 12.01.2023. This execution case is dated

    14.09.2023 and it was taken on file as Execution Case No. 1 of 2023 by the

    said Court. Thereafter, pending Execution Case No. 1 of 2023, afore-referred

    02.12.2025 notification superseded 19.08.2021 notification and came into

    force on coming into force of 02.12.2025 notification, by virtue of sub-Section

    Page 7 of 12
    2026:MNHC:144
    (2) of Section 15 of Commercial Courts Act, Execution Case No. 1 of 2023

    stood transferred to the Commercial Court. To be noted, said Court is a

    designated Commercial Court and therefore for all practical purposes the

    Court is same but it was before same Court functioning as Commercial Court.

    Thereafter, State took out Judl. Misc. (Execution) Case No. 41 of 2026 dated

    30.05.2026 and impugned order was made in this Judl. Misc. Case. In any

    event, on the date of filing of this Judl. Miscellaneous Case by State i.e.,

    30.05.2026, 02.12.2025 notification had kicked in main Execution case stood

    transferred to Commercial Court vide Section 15(2) of Commercial Courts Act

    and therefore, State filed the Judl. Miscellaneous Case only in the

    Commercial Court. To put it in a nutshell, whichever way the matter is looked

    at, the impugned order has been made by a Commercial Court. Learned

    senior counsel on both sides have no disputation, disagreement or

    contestation on this point.

    [8] Before concluding, for the sake of clarity in matters that may

    come up in future, this Court deems it appropriate to record that as regards

    this High Court, a notification being notification dated 23.08.2021 bearing

    reference No. HCM/CA-PC/2021-RG/: 93433 was operating and scanned

    reproduction of the same is as follows:

    Page 8 of 12

    2026:MNHC:144

    The above was superseded and a new notification dated

    10.11.2025 bearing reference No. HCM/CA-PC/2021-RG/: 23249 was

    issued and scanned reproduction of the same is as follows:

    Page 9 of 12

    2026:MNHC:144

    [9] Reverting to the withdrawal plea of the State counsel, learned

    counsel on record for State Ms. N. Jyotsana has made endorsements in the

    captioned appeal and the captioned Miscellaneous Case and scanned

    reproduction of the endorsements are as follows:

    Page 10 of 12

    2026:MNHC:144

    [10] In the light of the narrative thus far, captioned appeal and

    captioned Miscellaneous Case thereat are disposed of as withdrawn/closed

    albeit with preservation of all rights and contentions of State to file an

    appropriate appeal or afresh.

    Page 11 of 12

    2026:MNHC:144
    [11] Though obvious, for the sake of specificity it is made clear that

    afore-referred preservation of rights/liberty given to State shall not be

    construed as any expression of opinion on maintainability of appeal/revision

    and shall not be construed as expression of any opinion on whether the

    impugned order is an appealable order or not. All questions are left open.

    Though obvious, for the purpose of specificity, it is also made clear that owing

    to the withdrawal of captioned Miscellaneous Case, interim order granted by

    another Hon’ble Single Bench stands effaced.

    [12] Captioned Appeal and captioned Miscellaneous Case disposed

    of as withdrawn/closed albeit with aforementioned observations and with

    preservation of rights in the aforesaid manner. There shall be no order as to

    costs.

    CHIEF JUSTICE

    FR/NFR

    Indrajeet

    P.S. I : Upload forthwith.

    P.S. II : All concerned to act on web copy of this proceedings/order uploaded in official
    website of High Court.

    P.S. III : Though an order of withdrawal this Court is marking this order as ‘REPORTABLE’
    owing to obtaining position qua Commercial Courts/Commercial Appellate
    Division being set out for future reference.

    
    
    
    
                     Digitally signed by
       LAIRENMAYU LAIRENMAYUM
       M INDRAJEET INDRAJEET SINGH
                   Date: 2026.07.29
       SINGH       21:10:37 +05'30'
    
    
    
    
                                                                              Page 12 of 12
     



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