[Cites 2, Cited by 0]
Chattisgarh High Court
Ayushi Ginoria (Agrawal) (Wrongly ... vs Sumit Agrawal on 17 April, 2026
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SATISH
TUMANE
Digitally signed by
SATISH TUMANE
Date: 2026.04.17
18:19:40 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA(MAT) No. 287 of 2025
AYUSHI GINORIA (AGRAWAL) (WRONGLY TYPED AS GINODIA)
versus
SUMIT AGRAWAL
Order Sheet
17/04/2026 Mr. Mayank Gupta, counsel for the appellant.
Mr. Sourabh Kale, counsel for the respondent.
This matter is an exception to this Bench.
List it before an appropriate Bench, in which, one of us
(Sanjay S. Agrawal, J.) is not a member.
The aforesaid exception has been made because of the
appearance of Ms. Shivangi Agrawal on 21/08/2025 and
30/03/2026, who is a junior counsel to learned Senior Advocate
Shri Manoj Paranjpe and is a niece of one of us (Sanjay S.
Agrawal, J.), therefore, it is not desirable to consider the said
matter, in view of the provision prescribed under Rule 6, Part VI,
Chapter-II "Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Advocate Act read with the
Proviso thereto)"; which provides as under :-
CHAPTER II
STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE
[Rules under section 49 (1)(c) of the Act read with the proviso thereto]
Section I-Duty to the Court
1 to 5 .........................................................
6. An Advocate shall not enter appearance, act, plead or practise
in any way before a court, tribunal or Authority mentioned in
section 30 of the Act, if the sole of any member thereof is related
to the Advocate as father, grandfather, son, grand son, uncle,
brother, nephew, first cousin, husband, wife, mother, daughter,
sister, aunt, niece, father-in-law, mother-in-law, son-in-law,
brother in-law, daughter-in-law or sister-in-law.
[For the purposes of this rule, court shall mean a court, Bench a
tribunal in which above mentioned relation of the Advocate is a
judge, member or the Presiding Officer.]
In view of the aforesaid provision and in order to avoid
any kind of unwanted controversy, it is, therefore, not desirable
to conduct this matter consisting one of the member of this
Bench. However, a Circular bearing No.7278/R.(J.)/2026
Bilaspur, Dated 16.04.2026 has been issued as per the direction
of Hon'ble the Chief Justice, which reads as under :-
HIGH COURT OF CHHATTISGARH, BILASPUR
CIRCULAR
No. 7278/R.(J.) / 2026, Bilaspur, Dated: 16.04.2026
In order to effectively prevent the practice of Bench/Court
hunting, it is hereby clarified that Exception of a Bench Court
shall not be treated as a general rule, and shall be resorted to
only in rare and bonafide circumstances.
1. Non-Acceptance of Brief
Where an Advocate/Counsel appears or files a
Vakalatnama/Memo of Appearance before any Court/Bench,
and such appearance gives rise to a situation warranting
recusal or Exception on account of:
• any relationship specified under Rule 6, Part VI,
Chapter II Standards of Professional Conduct and
Etiquette (Rules under Section 49 (1) (c) of the
Advocate Act read with the Proviso thereto);
• having worked as a junior in the office of the Hon'ble
Judge at any point of time: or
• close relationship or any other relationship with the
Hon'ble Judge:
The Advocate/Counsel concerned may not accept such
brief, and if already accepted, may forthwith return the brief to
the litigant.
Provided that even if the concerned Advocate accepts
the brief or fails to return the brief, as the case may be,
in such circumstances, the case, whether fresh filed or
already pending, shall not be treated as a ground for
Exception of the concerned Bench/Court.
2 Pending Matters and Change in Roster
In respect of matters already pending, where such a
situation arises due to change in roster or assignment:
• the Advocate/Counsel concerned shall have the
liberty to withdraw the Vakalatnama/Memo of
Appearance.
In the event the Advocate/Counsel does not withdraw the
Vakalatnama/Memo of Appearance, it shall be open to the
Bench/Court to examine the circumstances in detail, including
the timing and nature of engagement.
Only in rare and exceptional cases, and upon being satisfied
that the situation is bonafide and not intended to avoid the
concerned Bench/Court, may the Bench/Court consider making
an Exception, for reasons to be recorded in writing.
It is further directed that any matter, which on account of
Exception by any Bench/Court, shall be placed before the Chief
Justice for allocation/order. This is in supersession of circular
no. 3509/R(J)/2023 Bilaspur, Dated 23.03.2023.
BY ORDER OF HON'BLE THE CHIEF JUSTICE
(Sumit Kapoor)
Registrar (Judicial)
The aforesaid circular has been issued in order to prevent
the practice of Bench/Court hunting, but which case is to be
made an exception and how the Court is to be functioned, is a
prerogative of the concerned Bench and cannot be directed and
restricted as such, in the light of the aforesaid provision. The said
circular, thus, appears to be an interference of the Court
functioning.
Be that as it may, let the matter be placed before Hon'ble
the Chief Justice for appropriate orders for its listing.
SD/- SD/-
(Sanjay S. Agrawal) (Narendra Kumar Vyas)
Judge Judge
Tumane
