STATE OF MANIPUR AND 4 OTHERS vs SMT. KONSAM (N) KH. (O) REBINA DEVI AND ANOTHER

REPORTABLE

Sl. No. 4
2026:MNHC:260-DB

IN THE HIGH COURT OF MANIPUR
AT IMPHAL

RFA No. 2 of 2022

1. The State of Manipur, represented by the Principal
Secretary/Commissioner/(Power), Government of Manipur,
Imphal, Manipur, Secretariat Block, Babupara, Imphal, P.O.
& P.S. Imphal, District Imphal West, Manipur -795001.
2. The Managing Director, Manipur State Power Distribution
rd
Company Ltd. (MSPDCL), 3 Floor, New Directorate Building
nd
near 2 MR Gate, Imphal Dimapur Road, Imphal, Manipur-
795001.
3. The Managing Director, Manipur State Power Company Ltd.
(MSPCL), Keishampat Imphal West District, Imphal, Manipur
-795001.
4. The Deputy Commissioner, Imphal West District, Manipur,
Lamphelpat – 795004.
5. The Deputy General manager (MSPDCL), Imphal Electrical
Division No. 1, Keishampat Junction, Imphal West District,
Manipur-795001.
Appellants
-Versus-

Smt. Konsam Ningol Khagembam Ongbi Rebina Devi, aged
1.
about 35 years, W/o (Late) Khagembam Shashikanta Singh,
a resident of Naoremthong Takhellambam Leikai, P.O.
Imphal, P.S. Lamphel, Imphal West District, Manipur, Pin
No. 795001.
2. Linda Khagembam, aged about 9 years, D/o (Late) Kh.
Shashikanta Singh, a resident of Naoremthong
Takhellambam Leikai, P.O. Imphal, P.S. Lamphel, Imphal
West District, Manipur, Pin No. 795001 (being minor
represented by her natural mother respondent No. 1).
Respondents

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BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA





For appellants Mr. S. Nepolean, Senior Advocate
instructed by Mr. Y. Robert, State counsel
For respondents Mr. M. Nabakishwor, Advocate
Date of Order 05.11.2026

JUDGEMENT & ORDER
(Oral)
(M. Sundar, CJ)
[1] Captioned Regular First Appeal (RFA) is an appeal under Section 96

of the Code of Civil Procedure, 1908 (5 of 1908).
[2] Captioned RFA was referred to High Court Mediation Centre, High
Court of Manipur under the aegis of High Court Legal Services Committee
(HCLSC), High Court of Manipur and it has been duly settled. The terms of
settlement have been reduced to writing vide a ‘Settlement Agreement dated
02.11.2026’ {‘said Settlement Agreement’ for the sake of convenience and

clarity}.
[3] In the hearing today, Mr. S. Nepolean, learned Senior Advocate
instructed by Mr. Y. Robert, learned State counsel for appellants [to be noted,
there are ‘5(five) appellants’ and they shall collectively be referred to as ‘State’
for the sake of convenience] and Mr. M. Nabakishwor, learned counsel on record
for both respondents are before this Court. Learned counsel on both sides submit
in unison in one voice that mediation was successful, captioned RFA has been
settled and the terms of settlement have been reduced to writing vide said
Settlement Agreement. Therefore, a simple judgment recording the said
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Settlement Agreement and disposing of the captioned RFA in terms of said
Settlement Agreement will suffice. Nonetheless, this Court finds that with regard
to matters being referred to mediation, 2(two) aspects of importance pop
up/arise with regularity and therefore, we deem it appropriate to advert to the
2(two) issues and make the obtaining position clear besides setting out certain

aspects which will operate as guidelines for mediation proceedings in future.
[4] The first aspect pertains to the need to make a judicial order in
terms of settlement agreement. There is a need to make a judicial order in terms
of said Settlement Agreement because a mediated settlement agreement is not
enforceable as a decree of the Court owing to Section 27 of ‘the Mediation Act,
2023 (32 of 2023)’ {‘said Act’ for the sake of brevity and clarity} not having come
into force. This obtaining legal position continues until today though the said Act
was made more than three years ago, to be noted, said Act is dated 14.09.2023
and has been published in the Gazette of India on 15.09.2023. It is a conditional
legislation as is clear from sub-Section (3) of Section 1, though said Act consists
of 65 Sections in all only 21 Sections have come into force on 09.10.2023 and
the remaining 44 Sections are dormant until this day. This obtaining legal position
was made clear by us in a judgment dated 22.07.2026 in Ibemcha Devi case
( Meitankeisangbam (Ongbi) Ibemcha Devi versus Meitankeisangbam
Indrajit Singh and ors. ) reported in 2026:MNHC:137-DB (to be noted, this
is Manipur High Court neutral citation). Relevant paragraphs in Ibemcha Devi
are paragraphs 9 & 10 and the same read as follows:
Sections 19 (1) and 27 of ‘Mediation Act, 2023 (32 of
‘ [9]
2023)’ {‘said Act’ for the sake of brevity and clarity} which is a
conditional legislation, are yet to be notified i.e., yet to kick in/come into
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force {though Section 3 (n) which defines ‘mediated settlement
agreement’ has kicked in}. Therefore, we accede to afore-referred
joint/common request of learned counsel on both sides made in unison.
In this regard, we deem it appropriate to write that said Act consists of
65 Sections (XI Chapters) and ten Schedules, it is dated 14.09.2023, the
same has been published in the Gazette of India on 15.09.2023, it is a
conditional legislation as would be evident from sub-Section (3) of
Section 1 and only 21 of the 65 Sections have come into for force/kicked
in vide Central Government Notification dated 09.10.2023 bearing
reference No. S.O. 4384(E). To be noted, in this regard, Section 1 of
Mediation Act, 2023 to the extent relevant and 09.10.2023 notification
of Central Government read as follows:
‘ 1 . (1) .............................................................................
(2) .............................................................................
(3) It shall come into force on such date as the Central
Government may, by notification, appoint and different
dates may be appointed for different provisions of this
Act and any reference in any such provision to the
commencement of this Act, shall be construed as a
reference to the coming into force of that provision.’



[10] This Court, before proceeding further deems it appropriate
to reproduce afore-referred Sections 3 and 19 to the extent relevant,
Section 27 of said Act, we do so and the same read as follows:
‘3. Definitions. - In this Act, unless the context
otherwise requires, -
(a) ………………………………………………………………..
(b) ………………………………………………………………….
…………………………………………………………………..
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………………………………………………………….………
(m) …………………………………………………………………..
(n) “mediated settlement agreement” means mediated settlement
agreement referred to in sub-section (1) of section 19;
(o) ……………………………………………………………………..
………………………………………………………………………
………………………………………………………………………
(y) ……………………………………………………….……………’

‘19. Mediated settlement agreement. - (1) A mediated
settlement agreement includes an agreement in writing between some
or all of the parties resulting from mediation, settling some or all of the
disputes between such parties, and authenticated by the mediator:
Provided that the terms of the mediated settlement agreement
may extend beyond the disputes referred to mediation.

Explanation. A mediated settlement agreement which is void
under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed
to be lawful settlement agreement within the meaning of mediated
settlement agreement.

(2) ………………………………………………………………………
(3) …………………………………………………………….…………
(4) ……………………………………………………………….………
(5) ……………………………………………………………………………’

‘ 27. Enforcement of mediated settlement agreement. –

(1) A mediated settlement agreement resulting from a mediation
signed by the parties and authenticated by the mediator shall be
final and binding on the parties and persons claiming under them
respectively and enforceable as per the provisions of sub-section
(2).

(2) Subject to the provisions of section 28, the mediated settlement
agreement shall be enforced in accordance with the provisions of
the Code of Civil Procedure, 1908 (5 of 1908), in the same manner
as if it were a judgment or decree passed by a court, and may,
accordingly, be relied on by any of the parties or persons claiming
through them, by way of defence, set off or otherwise in any legal
proceeding.’

[5] This Court deems it appropriate to take this opportunity and write
that it is desirable to have Sections 19 (1) and 27 besides some other important
provisions of said Act notified at the earliest so that parties need not come to
Court for a judicial order post mediation, be it mediation pending litigation or pre

litigation mediation.
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[6] The second aspect is, in cases where State, company incorporated
in India or any other entity which is a juridical person (not natural person) is a
party, the entity concerned while going for mediation should send a natural
person with a written mandate and authority to represent the entity, take a
decision on behalf of the entity in the mediation itself and also to sign the
mediated settlement agreement if mediation is successful. In the instant case,
this aspect precisely caused difficulty in the first round of mediation. Though the
mediation was successful, an officer with a mandate was not present and
therefore, the matter was referred back to Court and another judicial order had
to be made. Be that as it may, this time, though officers with a mandate have
signed on behalf of State, their designations and details of their authority have
not been set out at the places where they have signed. However, separate
written mandates were before the Mediator and the same have also been placed
before us and therefore, we are giving a closure to the captioned RFA.
[7] Having set out the 2(two) points which pop up with regularity in
mediation matters, we now revert to the captioned RFA.
[8] Captioned RFA was successful qua mediation as is evident from
communication dated 03.11.2026 bearing reference No. HCLSC/Med/2-
2024/1585 from Secretary of HCLSC to the Registrar (Judl.) of this Court and this
communication to the extent relevant is as follows:
Page 6 of 14

[9] As already alluded to supra, learned counsel on both sides submit
in unison that mediation was successful, parties have signed said Settlement
Agreement in their presence, they have counter signed the said Settlement
Page 7 of 14

Agreement and both counsel request for a judgment/decree in terms of said
Settlement Agreement which (as placed before us) is as follows:


Page 8 of 14

Page 9 of 14

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[10] As regards mandates for the officers, there are 3(three) mandates
and scanned reproduction of the same are as follows:
Page 11 of 14

Page 12 of 14

st
[11] As regards State, while Mr. L. Hemchandra Singh has signed for 1
nd th
appellant, Mr. A. Priyoranjan Singh has signed for 2 and 5 appellants and Mr.
rd
W. Anand Kumar Singh has singed for 3 appellant. Mr. S. Nepolean, learned
th
Senior Advocate, on instructions, submits that the 4 appellant will stand bound
st
by the signature made on behalf of 1 appellant. This submission is recorded. As
nd
regards the respondents, the 2 respondent is a minor and she is represented
st st
by her biological mother who is 1 respondent. 1 respondent has signed the
nd
said settlement agreement for herself and on behalf of 2 respondent is the
submission of Mr. M. Nabakishwor, learned counsel on record for both
respondents. This submission is also recorded.
Page 13 of 14

[12] In the light of the narration thus far, captioned RFA is disposed of
in terms of said Settlement Agreement (dated 02.11.2026) which shall now form
part of instant judgment. Registry is directed to draw up a decree accordingly.
[13] Though captioned RFA is disposed of by way of settlement in terms
of mediated settlement agreement, this Court is making instant order reportable
owing to elucidation qua 2(two) aspects regarding mediation about which there
is allusion elsewhere supra in this order.
[14] Captioned RFA is disposed of in terms of said Settlement
Agreement in the aforesaid manner. Let a decree be drawn up accordingly by

the Registry. There shall be no order as to costs.





JUDGE CHIEF JUSTICE

FR/NFR
Indrajeet/Sushil


P.S. I : Upload forthwith
P.S. II : All concerned will stand bound by web copy uploaded in High Court website
inter alia as the same is QR coded.



Digitally signed by
LAIRENMAYUM
INDRAJEET SINGH
Date: 2026.11.05
17:30:44 +05'30'
LAIRENMAYU
M INDRAJEET
SINGH
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