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2026 Supreme(Jhk) 480

2026 JHHC 10139
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. SONAK, C.J., RAJESH SHANKAR, J.
Managing Director, Jharkhand State Building Construction Corporation Ltd. & Ors. - Petitioners
Versus
Vijeta Projects and Infrastructure Ltd. & Ors. - Respondents 
Civil Review No. 38 of 2026
Decided On : 09-04-2026
Advocates Appeared :
For the Petitioners : Mr. Sumeet Gadodia, Ms. Shilpi Sandil Gadodia, Ms. Shruti Shekhar, Ms. Nidhi Lall.
For the Respondents : Mr. Indrajit Sinha, Mr. Rohit Roy, Mr. Vibhor Mayank, Mr. Tarun Kumar Mahato, Ms. Oishi Das, Mr. Shivam, Kumar, Mr. Roshan Kumar Singh, Mr. Piyush Chitresh, A.C to A.G.

Advocates:
For the Appellants/Petitioners: Sumeet Gadodia, Shilpi Sandil Gadodia, Shruti Shekhar, Nidhi Lall
For the Respondents: Indrajit Sinha, Rohit Roy, Vibhor Mayank, Tarun Kumar Mahato, Oishi Das, Shivam Kumar, Roshan Kumar Singh, Piyush Chitresh

A party cannot invoke review jurisdiction to circumvent a court-recorded settlement by disowning previous counsel or alleging unauthorized statements when the records confirm a consensus was reached. Such conduct constitutes an abuse of the judicial process and warrants the imposition of personal costs on the responsible officials.

Headnote:(A) Constitution of India - Article 12 - Definition of ‘State’ - Conduct expected from state authorities acting in trust of public funds - Review petition - Abuse of process - Practice of changing counsel to disown previous settlement agreements and statements made before Court - Courts should not encourage review petitions filed as a routine or to re-argue merits - (Paras 3, 4, 5, 24).

(B) Professional Ethics - Advocates' conduct - A lawyer acting in the best traditions of the profession should not be made a scapegoat by litigants - Statements and agreements made by Counsel in the presence of and with knowledge of the client bind the parties - Litigants cannot wriggle out of a consensus by casting aspersions on their previous counsel - (Paras 14, 15, 21, 22).

Facts of the case:
The authorities entered into a settlement regarding contractual payment claims. A court order was subsequently passed reflecting this agreement. Thereafter, the authorities, represented by newly engaged counsel, filed a review petition to disavow the instructions given to their former counsel and to challenge the settled terms, claiming the previous counsel acted without authority.

Findings of Court:
The court found that the review petitioners, being a state entity, adopted a dishonest stance to evade the consequences of a settlement they had previously endorsed. Documentary evidence and affidavits filed at the initial stage confirmed the consensus. The attempt to blame the former counsel was found to be entirely unjustified and a misuse of legal remedies.

Issues: Whether a party can maintain a review petition by changing counsel to disown previous settlement terms, and whether such acts constitute an abuse of the judicial process.

Ratio Decidendi: A party cannot invoke review jurisdiction to circumvent a court-recorded settlement by disowning their former representative when the records confirm that the consensus was reached with the client's authority. Engaging new counsel to revisit settled issues through unjustified accusations against previous legal representation constitutes a clear abuse of the judicial process.

Result: Review petition dismissed with exemplary costs, to be paid personally by the involved officials.

Table of Content
1. initiation of review petition against previous court orders. (Para 1 , 2)
2. review petitions changing counsel solely to misrepresent prior statements constitute abuse of judicial process. (Para 3 , 4 , 5 , 21 , 22 , 23 , 24)
3. evidence of concluded settlement agreements through minutes of meetings and supporting affidavits. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. assessment of claims regarding lack of counsel instructions and interpretation of settlement scope. (Para 15 , 16 , 17 , 18 , 19 , 20)
5. dismissal of meritless review petitions with personal imposition of exemplary costs. (Para 25 , 26)

ORDER :

1. Heard learned counsel for the parties.

2. This petition seeks review of the order dated 26.02.2026 by trying to disown or embarrass the counsel who appeared for the review petitioners, this time, by engaging a different counsel.

3. In the case of Tamil Nadu Electricity Board and Another versus N. Raju Reddiar and Another [(1997) 9 SCC 736, the Hon’ble Supreme Court commented that it was a sad spectacle that a new practice unbecoming and not worthy of or conducive to the profession is cropping up. The Hon’ble Supreme Court was referring to the practice of changing Advocates and filing review petitions. The Court held that it is salutary to note that the Court spends valuable time deciding a case. A review petition is not, and should not be, an attempt to argue the matter again on the merits. The Court noted that, in recent times, it has become a practice to file such review petitions as a routine, that too with a change of counsel, without obtaining the consent of the Advocate on record at the earlier stage. The Court held that this is not conducive to the healthy practice of the Bar, which has a responsibility to maintain the profession's salutary practice. The Hon’ble Supreme Court finally dismissed the petition with exemplary costs of Rs 20,000/-, holding it as an abuse of the process of the Court in derogation of healthy practice.

4. Again, in Om Prakash versus Suresh Kumar [(2020) 13 SCC 188], the Hon’ble Supreme Court was considering a matter, which was disposed of, based on the statement made to the Court by the counsel of the landlord. However, subsequently, the landlord, by changing his Advocate, filed a review petition, asserting that he had never instructed his counsel to make such a statement before the Court. The Hon’ble Supreme Court held that the conduct of the review petitioner was liable to be deprecated, and such a review petition should not be encouraged and was rightly dismissed by the High Court as an abuse of the judicial process.

5. The above observations apply to the facts of the present case, where the review petitioners, who answer the definition of ‘State’ under Article 12 of the Constitution, are attempting to wriggle out of a settlement and statements duly recorded in the Court Order by going to the extent of disowning or, in any event, embarrassing their own counsel. At the very outset, we note that Ms Khalida Haya Rashmi, who earlier appeared on behalf of the Review Petitioners, has acted in this matter in the highest traditions of the Bar and, therefore, she did not deserve the treatment now meted out to her by the review petitioners who agitate such matters through public funds which they are expected to hold in trust.

6. In this case, the original petitioners, Vijeta Projects and Infrastructure Limited, had primarily three grievances against the 4th and 5th respondents, i.e. the review petitioners herein. The first grievance concerned price variation; the second, the claim for a GST refund; and the third, the labour charges.

7. Considering the nature of disputes and the correspondence on record, this Court opined that an attempt should be made to see whether the matter could be disposed of by an amicable settlement.

8. Accordingly, a meeting was held between the representatives of the original petitioner and the review petitioners on 19.02.2026. The Minutes of the meeting, s

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