The Delhi High Court today reserved order in Mohit Saraf's petition against Rajiv Luthra, seeking his reinstatement as a partner at L&L Partners. (Mohit Saraf vs Rajiv Luthra).A Single Judge Bench of Justice V Kameswar Rao directed the counsel for Luthra and Saraf to file their written submissions by Monday evening. .Saraf moved the High Court in October after he was removed from the L&L partnership by Luthra. .Whereas the High Court had initially suggested that the parties refer their dispute to mediation, the matter was back in the Court after mediation talks failed to make any headway. .In his petition under Section 9 of the Arbitration & Conciliation Act, Saraf has pressed for the restoration of "last uncontested status" at L&L Partners while the dispute with Luthra is referred to arbitration. .Asserting that there was no master-servent relationship, Saraf contended that his ouster from the law firm was illegal. .Today, Senior Advocate Arvind Nigam told the court that unless the L&L partnership was dissolved, Saraf would continue to be a partner.."You cannot throw me out and run away with the partnership..There can't be a firm with one partner.He can't terminate and highjack the assets of the firm.", Nigam remarked. .He contended that the two new partners inducted by Luthra were only "sub-partnerships" and had no relation to the main partnership. .Defending his letter accepting Luthra's retirement, Saraf said that Luthra's intention to leave the firm and take the "golden handshake" was visible from the series of letters written by him. .Saraf, through Senior Advocate Parag P Tripathi, has also claimed that there was a complete breach of bona fides on the part of Luthra and that the two mandatory 90-day notices under the deed were not served on him for termination of the firm..While supplementing the submissions made by the two Senior Advocates, Promod Nair today further submitted that the case was not an "ego battle" or about loyalty. .He explained that the dispute between the two partners over how to "professionalise the firm" and retain the best of minds at a time when the entire Capital Markets team had left the Bombay office..The focus was equity dilution and reward to younger partners, Nair said. .Rajiv Luthra, on the other hand, has argued that the L&L partnership was an "an unequal marriage" in which he retained certain special rights including the right to oust Saraf. .While clarifying that he never intended to leave the law firm that he built, Luthra accused Saraf of leaking confidential information of the firm and sharing private WhatsApp communication with third parties. .Saraf's conduct was "unbecoming of a lawyer", Luthra argued. .Senior Advocate Abhishek Manu Singhvi opposed the grant of any relief in the petition on account of the admitted position of both parties that they cannot work together anyone. .Senior Advocate Neeraj Kishan Kaul refuted any claim of serving two 90-day notices and argued that the relief of reinstatement was barred under the Specific Relief Act. .Read the entire account of today's hearing here:.Mohit Saraf v. Rajiv Luthra: LIVE UPDATES from Delhi High Court hearing on interim relief
The Delhi High Court today reserved order in Mohit Saraf's petition against Rajiv Luthra, seeking his reinstatement as a partner at L&L Partners. (Mohit Saraf vs Rajiv Luthra).A Single Judge Bench of Justice V Kameswar Rao directed the counsel for Luthra and Saraf to file their written submissions by Monday evening. .Saraf moved the High Court in October after he was removed from the L&L partnership by Luthra. .Whereas the High Court had initially suggested that the parties refer their dispute to mediation, the matter was back in the Court after mediation talks failed to make any headway. .In his petition under Section 9 of the Arbitration & Conciliation Act, Saraf has pressed for the restoration of "last uncontested status" at L&L Partners while the dispute with Luthra is referred to arbitration. .Asserting that there was no master-servent relationship, Saraf contended that his ouster from the law firm was illegal. .Today, Senior Advocate Arvind Nigam told the court that unless the L&L partnership was dissolved, Saraf would continue to be a partner.."You cannot throw me out and run away with the partnership..There can't be a firm with one partner.He can't terminate and highjack the assets of the firm.", Nigam remarked. .He contended that the two new partners inducted by Luthra were only "sub-partnerships" and had no relation to the main partnership. .Defending his letter accepting Luthra's retirement, Saraf said that Luthra's intention to leave the firm and take the "golden handshake" was visible from the series of letters written by him. .Saraf, through Senior Advocate Parag P Tripathi, has also claimed that there was a complete breach of bona fides on the part of Luthra and that the two mandatory 90-day notices under the deed were not served on him for termination of the firm..While supplementing the submissions made by the two Senior Advocates, Promod Nair today further submitted that the case was not an "ego battle" or about loyalty. .He explained that the dispute between the two partners over how to "professionalise the firm" and retain the best of minds at a time when the entire Capital Markets team had left the Bombay office..The focus was equity dilution and reward to younger partners, Nair said. .Rajiv Luthra, on the other hand, has argued that the L&L partnership was an "an unequal marriage" in which he retained certain special rights including the right to oust Saraf. .While clarifying that he never intended to leave the law firm that he built, Luthra accused Saraf of leaking confidential information of the firm and sharing private WhatsApp communication with third parties. .Saraf's conduct was "unbecoming of a lawyer", Luthra argued. .Senior Advocate Abhishek Manu Singhvi opposed the grant of any relief in the petition on account of the admitted position of both parties that they cannot work together anyone. .Senior Advocate Neeraj Kishan Kaul refuted any claim of serving two 90-day notices and argued that the relief of reinstatement was barred under the Specific Relief Act. .Read the entire account of today's hearing here:.Mohit Saraf v. Rajiv Luthra: LIVE UPDATES from Delhi High Court hearing on interim relief