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[Cites 3, Cited by 0]

Manipur High Court

State Of Manipur; & Ors vs Ms The Simplex Infrastructures Ltd. ... on 15 December, 2025

Author: Ahanthem Bimol Singh

Bench: Ahanthem Bimol Singh

KABORAMB Digitally signed
AM       by KABORAMBAM
         SANDEEP SINGH
SANDEEP  Date: 2025.12.17
SINGH    11:37:04 +05'30'

                                                                          Sl. No. 10-13
                             IN THE HIGH COURT OF MANIPUR
                                       AT IMPHAL
                                     Arb. A. No. 1 of 2024
                      State of Manipur; & Ors.
                                                                          Appellants
                                              Vs.
                     MS The Simplex Infrastructures Ltd. Through its Director
                                                                         Respondent
                                         Clubbed with
                                MC (Arb. A.) No. 1 of 2024 with
                                MC (Arb. A.) No. 4 of 2025 with
                                MC (Arb. A.) No. 8 of 2025
                                     BEFORE
                   HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
                  HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

                                           (ORDER)
                        (Order of the Court was made by M. Sundar, CJ)


           15.12.2025

           [1]           Captioned main arbitration appeal is a statutory appeal

           under Section 37 of 'the Arbitration and Conciliation Act, 1996 (26 of

           1996)' {hereinafter, 'A&C Act' for the sake of brevity).

           [2]           In the hearing today, Mr. RK Umakanta, learned senior

           counsel instructed by Mr. W. Niranjit, learned counsel on record for

           State (to be noted, '3 appellants' are collectively being referred to as

           'State' for the sake of convenience) and Mr. S.D. Singh, learned counsel

           for sole respondent (hereinafter, 'Contractor' for the sake of

           convenience and clarity) are before this Court.




                                                                           Page 1 of 6
 [3]           Appellants (State) has taken out MC (Arb. A.) No. 8 of

2025 with a prayer seeking leave/permission to raise additional

grounds. Though there is an adumbration of three grounds in paragraph

5 of the MC, in sum and substance, one additional ground is sought to

be raised and that ground is non-compliance qua Section 31(5) of A&C

Act. This MC (Arb. A.) No. 8 of 2025 taken out by State is being resisted

and opposed by the Contractor. It is open to the Contractor to file an

affidavit-in-opposition, if so desired and if so advised.

[4]           Be that as it may, we deem it appropriate to capture some

dates and events of significance which will also capture the calendrical

progression of trajectory the matter has taken in reaching this Court.

We do so and the same set out as a tabulation is as follows:

 Sl.       Date                   Event                     Remarks

 1     12.01.2023      Arbitral award made This arbitral award
                       by    Arbitral     Tribunal shall be referred to
                       (AT). To be noted, this as 'impugned award'
                       arbitral    award      was (impugned       award
                       made       by      a   AT went in favour of
                       constituted by a sole Contractor/claimant).
                       Arbitrator who is a {All counter claims of
                       former      Judge       of State               were
                       Hon'ble          Supreme dismissed.}
                       Court.




                                                                Page 2 of 6
 2   15.01.2023    Contractor         submits This            is            the
                  that signed copy of the submission                        of
                  award sent by speed learned counsel for
                  post by AT and the Contractor as made
                  same was received by at the Bar.
                  Contractor

3    01.02.2023   According        to       the
                  petition of State before
                  the Section 34 Court,
                                                            ---
                  counsel      for        State
                  furnished a copy of the
                  award with a opinion
                  that      Section         34
                  petition can be filed.

4    12.04.2023   State construed that 3
                  months      vide        34(3)             ---
                  elapsed on this date

5    12.05.2023   State construed that
                  condonable 30 days                        ---
                  elapsed on this date.

6    02.08.2023   Section     34     petition Court         of         District
                  was    filed       in    the Judge, Imphal West,
                  Section 34 Court.               Manipur         is       the
                                                  Section    34        Court.
                                                  State filed this 34
                                                  petition along with a
                                                  Condonation               of
                                                  Delay                (CoD)




                                                                  Page 3 of 6
                                                    application        being
                                                   Judl.     Misc. Case.
                                                   No.     40    of   2023,
                                                   seeking
                                                   condonation of 110
                                                   days delay.

 7     03.08.2024    Section       34     Court
                     dismissed             CoD
                     application           and
                                                             ---
                     consequently           the
                     Section      34    petition
                     stood rejected.

 8     02.09.2024    Captioned Section 34                    ---
                     appeal was filed in this
                     Court by State.

 9     11.12.2025    Afore-referred         MC
                     (Arb. A) No. 8 of 2025
                     with prayer to raise
                                                             ---
                     additional         grounds
                     was filed by State.




[5]          In the hearing today, a communication dated 11.12.2025

from Hon'ble sole Arbitrator to State {Deputy Secretary (Works) Government of Manipur} was placed before us by learned State counsel and learned counsel for Contractor consented to the same being taken Page 4 of 6 on record and looked into by the Court. By consent, this letter is taken on record and being looked into.

[6] 2 (two) paragraphs in this letter are of relevance and scanned reproduction of the same is as follows:

[7] In the afore-referred 6(six) e-mail addresses, we are informed that the addressees qua email IDs are as follows:
(i) staff of state counsel
(ii) the then Chief Engineer, Public Works Department, Government of Manipur
(iii) the then Commissioner, Works, Public Works Department, Government of Manipur
(iv) RK Sanjoy, Assistant Engineer, Public Works Department, Government of Manipur
(v) Vivek Roy, Executive Engineer, Public Works Department, Government of Manipur
(vi) Learned Advocate General for State of Manipur.
Page 5 of 6

Learned advocate General for State of Manipur, Mr. Lenin Hijam, who is before us on the Video Conferencing Platform waiting for another matter, submits that he neither represented State nor advised the State in the Section 34 proceedings or before the AT. [8] Learned counsel on both sides requested for some time to examine the legal position as to whether afore-referred service of soft copy (PDF) of the impugned arbitral award will amount to compliance qua Section 31(5) of A&C Act, this common/joint request is acceded to, let the matter stand over to a date after the ensuing winter break.

[9] In the interregnum, the entire case records of the Section 34 Court shall be requisitioned by the Registry and placed before this Court in a sealed envelope, to be noted, case records pertaining to Judl. Misc. Case No. 40 of 2023 (CoD application) and the unnumbered Section 34 petition on the file of District Judge, Imphal West, Manipur. [10] Let the District Judge, Imphal West, Manipur, without waiting for requisition from the Registry forthwith send the entire records to the Registrar (Judicial) of this Court in a sealed cover and Registrar (Judicial) shall in turn place the entire records in sealed cover before this Court in the next listing.

[11]            List on 11.02.2026.




                JUDGE                             CHIEF JUSTICE
Sandeep




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