Mwc Market Services Pvt. Ltd vs State Of Manipur And 4 Others
2026 Latest Caselaw 289 Mani

Manipur High Court

Mwc Market Services Pvt. Ltd vs State Of Manipur And 4 Others on 4 February, 2026

Author: Ahanthem Bimol Singh

Bench: Ahanthem Bimol Singh

SHAMURAILATPAM                       Digitally signed by
                                     SHAMURAILATPAM SUSHIL SHARMA
SUSHIL SHARMA                        Date: 2026.02.04 16:59:52 +05'30'
                                                                     Sl. Nos. 5-6
                         IN THE HIGH COURT OF MANIPUR
                                   AT IMPHAL

                                 Arb.A. No. 1 of 2022

              MWC Market Services Pvt. Ltd.
                                                   Appellant
                                        Vs.
              State of Manipur and 4 others
                                                  Respondents

                        With MC(Arb.A.) No. 1 of 2022
                                 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)

04.02.2026 [1] Read this in conjunction with and in continuation of earlier

proceedings.

[2] In the hearing today, Mr. S. Bhandari, learned counsel along

with Mr. K. Pradeep, learned counsel on record for sole appellant continued

his submissions. As regards respondents (State), Mr. G.N. Sahewalla,

learned senior counsel instructed by learned State counsel on record Mr.

Debojit Senapati along with Mrs. Nongthongbam Elizabeth are before this

Court.

[3] Mr. Bhandari stated with clarity and specificity that though the

entire arbitral award was assailed before the Section 34 Court, he would now

abridge his campaign (against the arbitral award and the Section 34 court

order) in the captioned appeal and restrict the same to compensation

mulcted on the contractor vide arbitral award, being compensation in a sum

of Rs. 10,19,48,111/-.

[4] To be noted, the captioned appeal is being heard out on the

above basis on the aforementioned short point.

[5] In the course of hearing, it came to the light that discussion

and dispositive reasoning qua aforementioned short point is articulated in

paragraphs 150 to 162 of the arbitral award. The undisputed facts are that

there was a modification on 20.11.2002 i.e., modification to original contract

by which sub-clause 4 was added to Clause X of the original contract (to be

noted, Clause X of the original contract is captioned 'Indemnity') wherein

and whereby the first draw should have been held by the contractor within

6 (six) months from 20.11.2002 i.e., by 20.05.2003. There is no disputation

or contestation (factually) that (a) the first draw was not held on or before

(20.05.2003) and (b) the last date 20.05.2003 was extended from time to

time and vide the last extension, the last date was frozen as 01.12.2003.

[6] It is also to be noted that the Arbitral Tribunal has mulcted the

contractor with compensation inter-alia by construing clause X.4 of the

original contract as a liquidated damages clause.

[7] The arguments will continue tomorrow. In the interregnum,

Registry to requisition all the records from the Court of the learned District

Judge, Imphal East pertaining to Arbitration Case No. 1 of 2012/10 of

2013 (MWC Market Services Pvt. Ltd. -Versus- State of Manipur

and 5 Others).

[8] Registrar (Judicial) is directed to send special messenger to the

Section 34 Court right away and get the entire records today evening so that

the same is available in the hearing tomorrow.

[9]               List as part-heard matter tomorrow.

[10]              List on 05.02.2026.




                         JUDGE                              CHIEF JUSTICE

Sushil

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