Ningthoujam Biramangol Singh & 4 Ors vs State Of Manipur & 2 Ors on 28 February, 2025

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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
 



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