In a significant development the Supreme Court recalled a previous settlement order in a civil appeal after the litigant, Harish Jaiswal(Respondent), denied ever engaging the advocates who purportedly appeared on his behalf and consented to the settlement.

The background of the case involves a civil appeal filed by Bipin Bihari Sinha challenging a judgment of the Patna High Court. On December 13, 2024, the Supreme Court had recorded a settlement in the case, noting the appearance of four advocates representing the respondent, Harish Jaiswal: Mr. Muneshwar Shaw (Senior Advocate), Mr. Rattan Lal (Advocate), Mr. J.M. Khanna (Advocate-on-Record), and Ms. Shefali Sethi Khanna (Advocate).

However, Jaiswal later filed a miscellaneous application seeking to recall the settlement, claiming that he had never appointed these lawyers. He also alleged that the settlement was forged. During the hearing, it was brought to the Court’s attention that Advocate-on-Record J.M. Khanna had left practice and was never engaged in the matter. Additionally, Advocate Shefali Sethi Khanna clarified to the bench that she had no connection with the case. The litigant was present before the Court via video conferencing and reiterated his claims.

In light of these revelations, the bench of Justice PS Narasimha and Justice Joymalya Bagchi observed that a “detailed inquiry” was essential. They directed the Secretary-General of the Supreme Court to nominate a senior officer to investigate how and at whose instance it was made to appear that the respondent had engaged the listed advocates, resulting in the settlement agreement dated October 24, 2024. The Court has asked for a preliminary report to be submitted within four weeks. Based on this report, the Court will consider further action, including the lodging of an FIR and deeper investigation.

Accordingly, the Court recalled its order dated December 13, 2024, and restored the civil appeal for further proceedings.

Case Title:Bipin Bihari Sinha @ Bipin Prasad Singh Versus Harish Jaiswal MS App Dairy No(s).7144/2025