Registrar General vs All Manipur Contractors’ Association … on 28 July, 2026

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    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

    SPONSORED

    [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 West

    Page 1 of 5
    2026:MNHC:141

    2 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.

    Page 2 of 5

    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'
     



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