Rajiv Luthra's appeal against stay on Mohit Saraf's termination from L&L: LIVE UPDATES from Delhi High Court

The Delhi High Court is hearing appeal moved by Rajiv Luthra challenging the order staying the termination of Mohit Saraf from L&L partnership. .In the last hearing, the Court had asked Senior Advocate Harish Salve to speak to both Luthra and Saraf to see if any settlement can be arrived at between the two. .Following Delhi High Court suggestion, Senior Advocate Harish Salve agrees to mediate between Rajiv Luthra and Mohit Saraf.Earlier, the Court had stayed the termination of Senior Partner Mohit Saraf from the firm's partnership pending the conclusion of arbitration proceedings with Founder and Managing Partner Rajiv Luthra.By an order dated January 22, the Court said 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..Live updates of the hearing today feature here..I had indicated the parameters withing which a section 37 appeal can be invoked: Senior Advocate Parag P Tripathi for Mohit Saraf .I want to come to the list of dates : Tripathi.I'll just pick up a few important dates: Tripathi.1995-99 Mohit Saraf had joined with Mr Luthra. It was not a prosperous firm.. my client when he was a student was awarded the Shaurya Chakra : Tripathi.Law offices were born in Mumbai in 2003. The contact had a testing period of 4 and a half year period. Within this I could be asked to leave by Mr Luthra : Tripathi.And I get only half my goodwill. Testing period got over in March 2003. 1/3 and 2/3 ratio came into being in April 2003 : Tripathi.The next time frame was upto 12 years with respect to Mr Luthra's claim to Luthra & Luthra name : Tripathi.After 12 years ie. 2011, if Mr Luthra was to leave I would be the owner and keep the clients.. in 2019, I wrote a detailed communication to Mr Luthra : Tripathi.Saying good people are leaving, let's give them partnership shares. He said we wanted to explore ways and dissolve partnership: Tripathi.Tripathi continues to narrate events that unfolded thereafter. .There's a WhatsApp communication of December 2019: Tripathi.There was no mudslinging and name calling : Tripathi.This is the document which they say is the 90 day notice. Based on which they purportedly terminated my partnership: Tripathi.Tripathi says there were four extensions for amicable settlement till October end. 13/Oct is not October end. .I'm expelled on October 13: Tripathi.Tripathi continues to read the list on dates on induction of new partners by Luthra..Induction has to be with my consent. I was a partner on that day: Tripathi.The important part is he never challenged it (acceptance of his retirement).. : Tripathi.There is no expulsion clause : Tripathi.He's saying please don't change the status quo that I created by pushing him out on 13/10. Defaulting party can't take advantage of his own wrong: Tripathi.We have denied the allegation that we took money from a company being probed by enforcement agency. They don't deal with it: Tripathi.He takes down my name.. tells technical staff to remove me from mailing list.. he writes to clients saying I've expelled him : Tripathi.He sends a final settlement of accounts statement. He says 3 months salary in lieu of 90 days notice. But they argue that notice was given in January 2020. Then what was the need of giving me salary in lieu of it : Tripathi.On 16/10, my section 9 comes up. I give advance notice. They had prepared a newspaper cutting ready. They don't hold their hand.. I'm showing their conduct: Tripathi.Meditation didn't work out. 17 hearings are held in section 9.. : Tripathi.They continue to enjoy the fruits of their wrongful conduct: Tripathi.Relevant clause requires 90+90 days notice. First is for amicable settlement and second is when settlement fails : Tripathi.They didn't give me 90 days notice. All this weighed with Single Judge : Tripathi.Tripathi refers to the authorities he is relying on..Powerlessness is no longer the principle that governs : Tripathi.Tripathi refers to judgements on Partnership not being master servant relationship..This business of I'm a dominant partner.. you are not the master. It is not a sole proprietorship: Tripathi.The power to terminate a partner.. there is nothing called terminating a partner. This is expulsion : Tripathi.Tripathi reads a judgement..Tripathi deals with section 33 on expulsion of partners..Tripathi argues that save in the exercise of good faith and terms of the agreement, a partner can't be expelled by majority..Tripathi refers to another judgement..There is no express power. There is no implied power argument at all (to expel). Single judge says in such cases, one would be slow in reading such implied power : Tripathi.Then is the issue of utmost good faith : Tripathi.Tripathi reads from Lindley's book on Partnership..The word termination has never been confused with expulsion in commentaries or judgments. Termination is always of deed. You expel the partner: Tripathi.Tripathi continues to read..Tripathi reads the Single Judge observations on power to expel..Is there any other date in this? : Court .March 12 : Tripathi .Senior Advocate Abhishek Manu Singhvi urges court to give a date in between so that he can argue on March 12..We'll keep it on 12. We'll take half and hour and Mr Vikas Singh will take 15 mins : Singhvi.List on 12th: Court.List also on March 17 : Court.Hearing adjourned.

Rajiv Luthra's appeal against stay on Mohit Saraf's termination from L&L: LIVE UPDATES from Delhi High Court

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