Manipur High Court
Ningthoujam Biramangol Singh & 4 Ors vs State Of Manipur & 2 Ors on 28 February, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 169 of 2025
Ningthoujam Biramangol Singh & 4 Ors.
...Petitioners
- Versus -
State of Manipur & 2 Ors.
...Respondents
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
28-02-2025
[1] Heard Mr. K. Modhusudon, learned counsel for the petitioners and
Mr. Th. Sukumar, learned Government Advocate for respondent Nos. 1 & 2.
[2] Mr. K. Modhusudon, learned counsel for the petitioners, submits
that the petitioners were investors in M/S SMART Society of SALAI Holdings
Private Limited. Since their due payments have not been made, the
petitioners approached the Competent Authority (Imphal East and Imphal
West)/Commissioner (Art & Culture), Government of Manipur, under the
Banning of Unregulated Deposits Schemes Act, 2019, with applications for
making provisional attachment absolute.
[3] Mr. K. Modhusudon, learned counsel for the petitioners, submits
that a letter dated 02-05-2023 was written by the Commissioner (Art &
Culture) cum Competent Authority, Government of Manipur addressed to
the Addl. District & Sessions Judge (FTC), Designated Court (BUDS Act),
Manipur for confirmation/making the provisional attachment absolute.
WP(C) No. 169 of 2025 Page 1 of 3
However, as the material submitted by the Competent Authority were not
sufficient, vide order dated 05-09-2023, the Office of the Designated Court
(BUDS) Act, Manipur observed that the letter dated 02-05-2023 submitted
by the Competent Authority (Imphal East and Imphal West) could not be
treated as an application under Section 15 of the BUDS Act and the
Competent Authority was directed to submit a proper application.
[4] After this, the petitioners submitted representations dated
18-09-2024 and another representations dated 04-10-2024 to the
Competent Authority/ Commissioner (Art &Culture), Government of Manipur
to look into the matter for returning their deposited amount by making
provisional attachment absolute and to sell the properties so attached by
auction or sell and out of the said sell proceeds thereof make the payment
of the amount due to the applicants.
[5] It is submitted that the representations are still pending before the
Competent Authority. At this stage, Mr. K. Modhusudon, learned counsel for
the petitioners, submits that the writ petition may be disposed of by directing
the Competent Authority to dispose of the pending representations
submitted by the petitioners by passing a speaking order and doing the
needful as per law within a stipulated time.
[6] Mr. Th. Sukumar, learned Government Advocate for the State
respondents, has no objection to the disposal of the representations by
passing an innocuous order.
[7] Recording the submissions made at the Bar, the writ petition is
disposed of by directing the Competent Authority (Imphal East & Imphal
WP(C) No. 169 of 2025 Page 2 of 3
West)/Commissioner (Art & Culture), Government of Manipur to dispose of
the representations submitted by the petitioners by a speaking order as per
law within a period of two months from the date of receipt of a copy of this
order.
[8] The writ petition is disposed of.
[9] It is made clear that this Court does not express any opinion on
the merit of the case.
[10] Furnish a copy of this order to the learned counsel appearing for
the parties.
JUDGE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.03.05
VICTORIA 14:32:43 +05'30'
WP(C) No. 169 of 2025 Page 3 of 3