Thread by @barandbench

Delhi High Court hearing Rajiv Luthra v Mohit Saraf case

#DelhiHighCourt #LuthravSaraf

Senior Advocate AM Singhvi for Luthra: There is a clause which puts in place a waiting period for lawyers from leaving and joining others. We are happy to waive this clause

#DelhiHighCourt #LuthravSaraf

Singhvi: Saraf should return the amount with interest should he not get a favourable order from the arbitral tribunal

#DelhiHighCourt #LuthravSaraf

Singhvi seeks two more days for deposit of bank guarantee

#DelhiHighCourt #LuthravSaraf

On database transfer, Singhvi says that it must be accompanied by letter of consent by client

#DelhiHighCourt #LuthravSaraf

Neither can make derogatory statements against each other. It will not be good for the new firm or for mine: Singhvi

#DelhiHighCourt #LuthravSaraf

Singhvi suggests modalities regarding bank accounts, income tax and other issues that will crop out as a consequence of the impending split

#DelhiHighCourt #LuthravSaraf

Counsel for Luthra showing the Court the bank guarantee that will be issued to Saraf.

#DelhiHighCourt #LuthravSaraf

Advocate Raghvendra Singh for Saraf: Suggests that bank guarantee be given from Kotak Mahindra, Bank of Baroda or SBI

#DelhiHighCourt #LuthravSaraf

Saraf reserves the right to be referred to as a co-founder of the firm. That right cannot be taken from me: Singh

#DelhiHighCourt #LuthravSaraf

It shouldn't happen that after I am paid, work gets allocated from people who are joining me to people who are joining Luthra: Singh

#DelhiHighCourt #LuthravSaraf

Singh suggests status quo on this aspect for 90 days. "There are no fence-sitters. It is already known which lawyers are going where," he says.

#DelhiHighCourt #LuthravSaraf

The server and database consists of two kinds of data - one is client-based data. To consummate a transaction, a lot of information is used, which is non-client based data. It is co-owned: Singh

#DelhiHighCourt #LuthravSaraf

We are suggesting that both parties get the non-client data. A client after having joined me might want to go back to Luthra, so the data transfer again will be difficult: Singh

#DelhiHighCourt #LuthravSaraf

This data has been created by the firm over the last twenty years. If I don't have it, I will have to create a knowledge base from scratch: Singh

#DelhiHighCourt #LuthravSaraf

Saraf's electronic identity should remain for 45 days, so that parting is given effect to in smooth way: Singh

#DelhiHighCourt #LuthravSaraf

Delhi High Court gives parties two options - come to a settlement on your own so we can pass a consent order, or we will decide the appeal on our own.

#DelhiHighCourt #LuthravSaraf

I am astounded by Singh's submissions: Singhvi. If I were Luthra, I would not agree to his points and would let the Court decide

#DelhiHighCourt #LuthravSaraf

Singhvi seeks 10 minutes to object to Singh's suggestions.

#DelhiHighCourt #LuthravSaraf

Movement of employees between parties has to be done in four weeks, after that clause prohibiting movement will kick in: Singhvi

#DelhiHighCourt #LuthravSaraf

There should be an unconditional withdrawal. He has made allegations of embezzlement etc: Singhvi

#DelhiHighCourt #LuthravSaraf

I am the giver of bank guarantee and can't choose my own bank? It is extraordinary: Singhvi.

Singh had objected to use of RBL Bank since Luthra was a shareholder.

No bank in the world will say it will not act on a bank guarantee for a shareholder: Singhvi

Neither on the partnership deed or the website is Saraf described as a co-founder. We cannot play games on this: Singhvi

#DelhiHighCourt #LuthravSaraf

There is a new email from Saraf detailing a new vision for the firm while Your Lordships are hearing the matter. What is this impatience? If this is happening under the Court's nose, what will happen later? Singhvi

#DelhiHighCourt #LuthravSaraf

It is agreed that there shall be no reinstatement. All ancillary reliefs to this also cannot be argued. After a divorce, he wants a limping marriage? Singhvi

#DelhiHighCourt #LuthravSaraf

Singhvi objects to 90-day status quo suggested by Singh. "He wants to divorce the firm and paralyse it also?"

#DelhiHighCourt #LuthravSaraf

If everyone is already aligned, what is the point of having 90 days? They are not children, they can decided in 1-2 days: Singh

#DelhiHighCourt #LuthravSaraf

Judges consulting each other over phone.

#DelhiHighCourt #LuthravSaraf

Justice Narula suggests that Court decides the matter and that the tribunal be made to settle the parties' disagreement over these issues.

#DelhiHighCourt #LuthravSaraf

We are agreeing to disagree on some points. It is a question of having an open wound if these issues are left to tribunal: Singhvi

#DelhiHighCourt #LuthravSaraf

There is no question of having Saraf's electronic identity for 45 days. The more time you give for a festering sore, it will grown into litigation. I leave it to Your Lordships: Singhvi

#DelhiHighCourt #LuthravSaraf

Singh asks that mobile numbers of persons who leave to join Saraf be retained. Luthra objects.

You cannot allow lawyers to leave and not facilitate the same. How will clients get in touch with them? Justice Endlaw

#DelhiHighCourt #LuthravSaraf

Bank guarantee process has already been initiated: Advocate Haripriya Padmanabhan

#DelhiHighCourt #LuthravSaraf

I thank the Bench for their extraordinary patience while hearing the matter: Singhvi @DrAMSinghvi

We are happy that this dispute will go somewhere after these hearings: Court

Court reserves order.