L&L Partners senior partner Mohit Saraf has filed a case against managing partner Rajiv Luthra in the Delhi high court today, as first pointed out by a Legally India commenter.
Saraf’s advocate-on-record is Sandeep Devashish Das, according to the case status of OMP(I) (COMM) 339/2020.
Sandeep D Das had left Trilegal in 2013 to become an independent litigator (Das is also one of the lawyers who is part of the firm-cum-chambers of former Trilegal co-founding partner Anand Prasad, though we believe according to multiple sources that neither Prasad nor the AP & Partners firm is not involved in this case).
However, we understand from two sources with knowledge of the matter that Sitesh Mukherjee – another former Trilegal partner and its former litigation head, who went independent in April 2020 [CORRECTION] – has been instructed by Saraf.
We have not yet been able to confirm which senior counsel will appear for each side (a number are understood to be instructed on both sides).
The 1999 partnership deed between the sole equity partners of the corporate firm includes an arbitration clause, stating:
Any dispute or difference arising amongst the Parties, pursuant to this Deed shall be resolved by Arbitration. Upon any difference or dispute arising amongst the Parties they shall first endeavour to resolve the same by mutual discussions, for a period of sixty (60) days the same shall be referred to arbitration in accordance with the procedures laid down under that Arbitration and Conciliation Act, 1996, of India. The venue of the arbitration shall be New Delhi.
It appears likely that in light of the case type and the arbitration clause, Saraf will be seeking an interim injunction against Luthra, under section 9 of the Arbitration and Conciliation Act.
The case is listed for hearing tomorrow for a virtual video hearing before Justice V Kameswar Rao as the fourth item in the list.
We have reached out to Saraf and Luthra for comment.
We will update this story once we get further details, if any.
For the most recent events until now, read our article from earlier today: Analysing the partnership deed, as Rajiv Luthra makes termination fait accompli in client emails, erases Mohit from website, posts armed guards.
