[Cites 2, Cited by 0]
Manipur High Court
State Of Manipur And 2 Others vs M/S The Simplex Infrastructures Ltd. ... on 17 March, 2026
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by
SHAMURAILATPA SHAMURAILATPAM SUSHIL
M SUSHIL SHARMA SHARMA
Date: 2026.03.17 19:33:36 +05'30'
Sl. Nos. 8-10
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Arb.A. No. 1 of 2024
State of Manipur and 2 others
......Appellants
Vs.
M/S The Simplex Infrastructures Ltd. through its Director
......Respondent
With MC(Arb.A.) No. 1 of 2024
With MC(Arb.A.) No. 4 of 2025
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
(ORDER)
s
(Order of the Court was made by M. Sundar, CJ)
17.03.2026.
[1] In the hearing today, Mr. M. Devananda, learned senior
counsel and learned Additional Advocate General, State of Manipur
instructed by learned State Counsel Ms. N. Jyotsana for the appellants
{'the 3 (three) appellants' shall be collectively referred to as 'State' for the
sake of convenience} and Mr. Surya Das Singh (Mr. SD Singh) along Ms.
Ningthoujam Diana Devi, learned counsel on record for the sole
respondent ('respondent' shall be referred to as 'contractor' for the sake
of convenience) are before this Court.
[2] After some further arguments, learned counsel on both
sides, on instructions, agreed that elements of settlement exist and
therefore submitted that the captioned matter can be referred to
mediation. We accede to this request.
[3] It is deemed appropriate for the sake of specificity to clarify
that mediation will be qua the entire matter including the arbitral award
dated 12.01.2023. It has become necessary to write this clarification as
the captioned appeal is a statutory appeal under Section 37 of 'the
Arbitration and Conciliation Act, 1996 (26 of 1996)' {'A&C Act' for the
sake of brevity} which is directed against an order of Section 34 Court
dismissing a CoD ('CoD' denotes 'Condonation of Delay') application.
[4] Both sides, on instructions, also agreed on a Mediator and
the agreed Mediator is Mr. Salam Imocha Singh, a retired learned District
Judge (retired from Manipur Judicial Service Grade-I) who is also a
trained Mediator.
[5] Let the matter be listed before the Mediation Centre under
the aegis of High Court of Manipur on 01.04.2026 (Wednesday) at 12
noon which shall be the first mediation sitting.
[6] Mr. M. Devananda, learned senior counsel and Additional
Advocate General, on instructions, submits that as regards State an
officer with written mandate to take a decision in the mediation
proceeding itself and who has authority to sign mediation
proceedings/settlement will be present before the mediation centre on
01.04.2026 at 12 noon without insisting on separate hearing notice.
Likewise, Mr. SD Singh, learned counsel for respondent/contractor also
submits that an officer of the contractor company with written mandate
from the Board (Board Resolution) to take a decision in the mediation
proceedings itself and who has further mandate/authority to sign the
mediation proceedings/settlement will be present on 01.04.2026 at 12
noon without insisting on separate hearing notice. If for any reason, Mr.
Salam Imocha Singh is unavailable, the mediation centre shall assign
the matter to any other learned mediator on 01.04.2026 at 12 noon.
[7] This Court requisitions a mediation report from the
mediation centre within a fortnight therefrom i.e., by 15.04.2026.
[8] List under suitable cause list caption on 16.04.2026.
JUDGE CHIEF JUSTICE
Sushil
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P.S. II : All concerned will stand bound by web copy uploaded in High Court
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