Manipur High Court
State Of Manipur & 2 Ors vs M/S The Simplex Infrastructure Ltd on 1 August, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 1 - 2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
COMM. APP. DIV. No. 1 of 2026
State of Manipur & 2 Ors.
... Appellants
- Versus -
M/S The Simplex Infrastructure Ltd.
... Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
O R D E R
[Order of the Court was made by M. Sundar, CJ]
01.08.2026
[1] Captioned matter is listed before this ‘Commercial
Appellate Division’ (‘CAD’ for the sake of convenience).
[2] Sole respondent has lodged a Caveat and the same is
Caveat No. 87 of 2026. Caveator counsel, Mr. N. Diana Devi is before
this Court (Physical Court) and Mr. S. D. Singh, learned senior counsel
leading her is before this Court on the Video Conferencing (VC)
platform.
[3] As regards appellant, Mr. M. Devananda, learned senior
counsel and learned Additional Advocate General for State of Manipur
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instructed by Ms. Jyotsana, learned State counsel on record is before
this CAD (Physical Court).
[4] It comes to light that ARB. A. No. 1 of 2024 (main matter)
assailing an order of dismissal of CoD application qua a Section 34 of
‘Arbitration and Conciliation Act, 1996‘ (‘A & C Act ‘for the sake of
convenience) petition in Commercial Court is pending and there are
two MCs thereat viz., MC(Arb. A.) No. 4 of 2025 and MC(Arb. A.) No. 1
of 2024. As regards the captioned appeal, the same is directed against
an order dated 26.06.2026 made by Executing Court (Commercial
Court) in Miscellaneous Application being Judl. Misc. (Execution) Case
No. 41 of 2026 in Execution Case No. 1 of 2023 dismissing State
application praying for rejection of Execution Case on the ground that
it is not maintainable.
[5] There are considerable common aspects, common facts
and overlap qua afore-referred appeal which is an appeal under Section
37 of A & C Act and captioned appeal which is an appeal that has been
presented under Section 13 (1A) of ‘Commercial Courts Act, 2015‘.
[6] In the normal circumstances, tagging orders are made by
master of roster on the administrative side but considering facts and
circumstances of the case, as this Bench is presided by Chief Justice,
in and vide this judicial order, afore-referred Section 37 appeal viz.,
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ARB. A. No. 1 of 2024 along with two MCs thereat viz., MC (Arb. A.)
No. 4 of 2025 and MC (Arb. A.) No. 1 of 2024 thereat and captioned
COMM. APP. DIV. No. 1 of 2026 and captioned MC thereat are tagged
with the consent of both sides.
[7] Afore-referred Section 37 appeal along with MCs thereat is
at Part Heard stage and same is scheduled to be listed on 10.08.2026.
[8] De Part Heard. [9] Tagged as set out above. [10] List all matters before this Division Bench on 21.08.2026
along with Caveat No. 87 of 2026. To be noted, the reason for tagging
such a course is MC (Arb. A.) No. 4 of 2025 in ARB. A. No. 1 of 2024
has been filed with a prayer for modification seeking modification of an
order dated 14.08.2025 made in ARB. A. No. 1 of 2024 by a Bench
presided by predecessor Hon’ble Chief Justice sitting with Hon’ble Mr.
Justice A. Guneshwar Sharma and inter-alia as a matter of good order,
modification application has to be heard by the same Bench and in this
case by a Bench to which Hon’ble Mr. Justice A. Guneshwar Sharma is
a party.
[9] As regards Execution Case viz., Execution Case No. 1 of
2023 on the file of Court of District & Sessions Judge, Imphal West
(Commercial Court), Mr. S.D. Singh, learned senior counsel appearing
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for caveator on instructions, very fairly submits that the Execution Case
is listed before Executing Court on 03.08.2026 (Monday), the award
holder/execution petitioner counsel will seek an adjournment to a date
post 21.08.2026. Learned senior counsel for State (obviously) readily
agreed. When this request is made before the Executing Court, we
direct the Executing Court to accede to the adjournment request.
[10] List on 21.08.2026.
[11] Registry is directed to show name of learned counsel for
caveator in the cause list.
JUDGE CHIEF JUSTICE
Bipin
KHOIROM Digitally
KHOIROM
signed by
BIPINCHAN SINGH
BIPINCHANDRA
DRA SINGH Date: 2026.08.01
19:29:09 +05'30'
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