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Manipur High Court
Jbam Pvt Ltd vs State Of Manipur & 3 Ors on 12 March, 2026
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
Sup 2 (1-2)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.194 of 2026 with
MC (WP(C)) No.203 of 2026
JBAM Pvt Ltd ... Petitioner
-Versus-
State of Manipur & 3 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
12.3.2026
This matter is taken up on mentioning as
supplementary-2, due to urgency involved in the matter.
Mr.N.Ibotombi, learned senior counsel assisted by
Ms.Jinita, learned counsel for the petitioner.
Respondent No.4, Executive Engineer, Bishnupur PHE
Division, issued order dated 15.10.2021 in favour of M/s Vishnu
Prakash R.Punglia Ltd/ respondent No.4 for executing water supply
project for the State of Manipur, providing drinking water supply to
rural area of Manipur, Package: RWS P-IX (W) on turnkey basis
complete. It is also stated that respondent No.4 is also contractor
for the Projects for Imphal West, Noney and Tamenglong.
The petitioner, JBAM and respondent No.4 executed a
Local Facilitator Agreement dated 14.2.2024 whereby the petitioner
is authorised to undertake to work on behalf of the main
contractor/respondent No.4 including purchase of pipes and
petitioner and respondent No.4 agreed to open an Escrow Account
for deposit of the amount received from the State Government for
execution of the contract.
Thereafter, petitioner placed nine purchase orders
from different manufacturers of GI & DI pipes. As per invoice raised
by the Manufacturing Company, the petitioner JBAM is shown as
purchaser and respondent No.4 is indicated as the consignee. As per
annexures annexed with the petition, petitioner made payments to
the manufacturing company for the purchase of GI & DI pipes. The
purchased pipes were placed in Shed No.5, FCI Godown, Koirengei,
Imphal East and vide order dated 11.9.2024 issued by Director CAF
& PD, Manipur, petitioner was given permission to store the GI & DI
pipes purchased by the petitioner in connection the project work
undertaken by the PHED, Manipur for a period of two years by
paying monthly rent. Petitioner is aggrieved by the joint letters
dated 7.3.2026 submitted by the Executive Engineers, PHE Division,
Imphal West, Tamenglong, Noney and Bushnupur to the
Superintendent of Police, Imphal East requesting for providing
security arrangement for lifting the GI & DI pipes from
Luwangsangbam Godown to PHED store, Lamphel.
Petitioner has also submitted representation dated
8.3.2026 to the Superintendent of Police, Imphal West stating that
the GI & DI pipes stored in FCI Godown Luwangsangbam are his
own property and same may not be allowed to be lifted without
consent of the petitioner.
Mr.N.ibotombi, learned senior counsel for the
petitioner submits that the GI & DI pipes purchased by the petitioner
on behalf of respondent No.4 are stored in the Godown of
Luwangsangbam as awaiting payment.
Issue Notice.
Ms.Ch.Sundari, learned Government Advocate
assisting Mr.S.Nepolean, learned Sr.GA accepts notice on behalf of
respondent Nos.1, 2 and 3.
Petitioner is directed to take steps on respondent No.4
by speed post and dasti in addition to local authorised signatory of
respondent No.4.
Mr.N.Ibotombi, learned senior counsel for the
petitioner prays for an interim protection staying lifting of GI & DI
pipes at the Luwangsangbam Godown to the PHED, Manipur
Godown Lamphel, till the next date. Mr.Ibotombi, learned counsel
also suggests that the State respondents may be directed for
intimating name of authorised local signatory of respondent No.4 so
that the petitioner is enabled to serve notice/summon upon
respondent No.4.
Mr.S.Nepolean, learned Sr.GA submits that in terms of
contract, without prior approval contractor cannot execute sub-
contractor and in the present case, sub-contract between the
petitioner and respondent No.4 is not tenable and petitioner is
employee of respondent No.4.
It is also stated that a sum of Rs.38,30,93,262/- and
Rs.39,28,20,071/- had already been paid by the State respondents
to the main contractor/respondent No.4.
Mr.N.Ibotombi, learned senior counsel for the
petitioner submits that the petitioner has not been fully paid for the
purchase made on behalf of respondent No.4.
List this case on 17.3.2026.
Prayer for interim relief will be considered on the next
date. Till 17.3.2026, GI & DI pipes stored by the petitioner in Shed
No.5, Luwangsangbam Godown shall not be lifted.
Furnish a copy of this order to learned counsel for the
parties.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2026.03.13
SINGH 11:15:20 +05'30'
