Manipur High Court
M/S Sanmati Traders vs Michael Achom; & Anr on 14 August, 2025
KABORAMBA Digitally
KABORAMBAM
signed by
M SANDEEP SANDEEP SINGH
Date: 2025.08.20
SINGH 01:10:15 -07'00'
Sl. No. 12
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CONT. CAS (C) J2 No. 4 of 2025
M/S Sanmati Traders
Petitioner
Vs.
Michael Achom; & Anr.
Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(ORDER)
14.08.2025
This contempt petition has been initiated by the
complainant/petitioner under Section 11 and 12 of the Contempt of Courts
Act, 1971 read with Rule 3 of the Contempt of Courts (Manipur High Court)
Rules, 2019 and Article 215 of the Constitution of India for disobedience
of order dated 26.09.2024 passed in Arb P. (J2) No. 3 of 2024.
Heard Mr. H. Kenajit, learned counsel for the
complainant/petitioner and heard also Mr. M. Devananda, learned senior
counsel assisted by Mr. Tomclist, learned counsel for the
respondents/accused.
Whereas the learned counsel for the complainant/petitioner
submits by referring to order dated 26.09.2024 in Arb. P. (J2) No. 3 of
2024, that there is willful disobedience of the aforesaid order passed for
appointment of arbitrator as under Section 11 of the Arbitration and
Conciliation Act, 1996. It is further submitted that despite the aforesaid
order under Section 11 of the Arbitration and Conciliation Act, 1996 passed
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by the High Court, a Coordinating Committee has been formed vide order
dated 05.11.2024, issued by the Deputy Secretary, General Administration
Department, Government of Manipur. Therefore, the learned counsel for
the complainant/petitioner, Mr. H. Kenajit submits that it has come into
the purview of Section 2(b) of the Contempt of Courts Act, 1971.
Whereas the learned senior counsel for the
respondents/accused, Mr. M. Devananda has facilitated preceding order
dated 06.12.2024 and inclusive of the preceding order dated 28.11.2024
passed in Review Pet. (J2) No. 2 of 2024, filed by the State of Manipur and
another. Wherein, the learned senior counsel, Mr. M. Devananda appeared
on behalf of the State in respect of the aforesaid review petition which has
been filed to review the earlier order dated 26.09.2024 passed by this
Court for appointment of the arbitrator by the consent of both the parties.
Apart from that order, learned senior counsel, Mr. M.
Devananda has referred to order dated 19.12.2024 in Review Pet. (J2) No.
2 of 2024 vide Annexure-X/2, wherein in the aforesaid order dated
19.12.2024, this Court referred to judgment of the Hon’ble Supreme Court
in the case of Periyar and Pareekanni Rubbers Ltd. Vs. State of
Kerala, reported in AIR 1990 SC 2192 and so also the judgment of
Prasanta Kumar Sahoo and Ors. Vs. Charulata Sahu and Ors,
reported in (2023) 9 SCC 641 in para 101 sub-para 29 of the said
decision. In the aforesaid order, it is indicated that the learned counsel
appearing for the respondent herein has not specifically denied the
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contention made by the review petitioners in the affidavit and in the light
of the decision of the Hon’ble Supreme Court in Periyar and Pareekanni
Rubbers Ltd. (Supra), this Court accepts the submission made by the
review petitioners and consequently, the order passed by this Court dated
26.09.2024 in Arb. P. (J2) No. 3 of 2024 is recalled.
Therefore, keeping in view the ratio of reliance which is
stated (supra), are concerned, it is deemed appropriate that this contempt
petition does not survive for consideration and consequently, it is hereby
closed.
CHIEF JUSTICE
Sandeep
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