SIMPLEX PROJECTS LTD Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Mr. S.D. Singh, learned counsel appears for the petitioner. Mr. R.K. Umakanta, learned Government Advocate states that he will appear on behalf of the State in all the cases and assist Mr. N. Kumarjit, learned Advocate General in all these matters.

(2.) There is preliminary objection raised by the State referring to Section 9 read with Section 2(1)(e) of the Arbitration and Conciliation Act, 1996. It is pleaded that the High court of Manipur does not have original jurisdiction. Therefore, the arbitration petitions are not maintainable.

(3.) Learned counsel for the State refers to APPENDIX - 15 of the High Court of Manipur Rules, 2019, which provides only for appointment of Arbitrator by the Chief Justice of the High Court of Manipur, and not for entertaining an application under Section 9 of the Arbitration and Conciliation act, 1996. He pleaded that this High Court has no jurisdiction to entertain the petition as it is not a Court within the meaning of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996. In this regard, it will be useful to refer to Appendix-15 of the High Court of Manipur Rules, 2019 which is as follows:-