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,
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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
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ORDER
[1] Captioned matter was listed before a Hon’ble Single Bench
which made an order/proceedings dated 23.07.2026 which reads as
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
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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.
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[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:
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[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:
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[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
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(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:
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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:
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[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:
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[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.
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[11] Though obvious, for the sake of specificity it is made clear thatafore-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
