Rajiv Luthra could not have asked Mohit Saraf to leave as per partnership deed: Vikas Singh argues before Delhi High Court

Senior Advocate Vikas Singh today argued before the Delhi High Court that the L&L Partnership deed did not provide for a situation wherein Mohit Saraf could be asked by Rajiv Luthra to leave the firm in 2020. (Rajiv Luthra v. Mohit Saraf)."The break-up is expressly provided. After 12 years, you can't take the firm. The firm will remain with me..After 2011, he can't kick me out and retain the firm..", Singh argued. .He added, "I definitely have made out a case that in this case, I'm the law-abiding person. I've been running the firm. I gave him the confidence to sign the document which completely cut out his right after 12 years ...his conduct was clear that he wanted to leave the firm.".Singh was arguing on behalf of Mohit Saraf before a Division Bench of Justices Rajiv Sahai Endlaw and Sanjeev Narula in Rajiv Luthra's appeal against the order staying the termination of the former from L&L Partnership..During the course of his submissions, Singh also contented that Luthra's claim that the law firm's revenue was "soaring" was not correct. ."This statement is definitely a wrong statement. The accruals are not to be confused with the billings. 60 lawyers and 7 partners have left the firm.".He added that in the appeal, Luthra had not made out any case of perversity with respect to the Single Judge order. ."Admittedly, I was running the firm for all these years. He wasn't into the actual working of the firm. To give him premium for putting bouncers and not following the order of the single judge..!", Singh remarked.Concluding his submissions, Singh urged the Court to appoint Saraf as a receiver in relation to the firm. .Saraf had moved the High Court in October last year after he was removed from the L&L partnership by Luthra..In his petition under Section 9 of the Arbitration & Conciliation Act, Saraf pressed for the restoration of "last uncontested status" at L&L Partners..Earlier this year, the Court had ordered that during the pendency of Rajiv Luthra's appeal against the order of the Single Judge, Mohit Saraf shall not be entitled to physically access the offices of L&L Partners..Following a suggestion made by the Court, Senior Advocate Harish Salve had agreed to mediate between Luthra and Saraf. The same, however, failed to fructify.