Cyril Amarchand Mangaldas has started arbitration proceedings against Chennai partner Dorothy Thomas, who is due to join Shardul Amarchand Mangaldas, filing in the Bombay high court yesterday for interim measures.
The petition under section 9 of the Arbitration and Conciliation Act 1996 was first reported by [http//barandbench.com/exclusive-cam-initiated-arbitration-ex-partner-dorothy-thomas/ Bar & Bench].
However, we understand from sources that settlement talks to end the arbitration are in process and may conclude by Saturday (15 October).
According to Bar & Bench the arbitration concerns enforcement of Thomas’ contractual “confidentiality, non-solicitation and notice period” obligations.
We understand that the section 9 petition in the Bombay high court, which was listed before Justice SJ Kathawalla yesterday (13 October) according to the case status (see above), was about a more urgent a matter relating to Thomas’ departure.
Section 9 allows for arbitrating parties to apply for:
“an interim measure of protection in respect of…
a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
b) securing the amount in dispute in the arbitration;
c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
Beri & Company is representing Cyril Amarchand, according to the Bombay high court.
Thomas is represented by senior advocate Soli Cooper.
We have reached out to partners at Cyril Amarchand and Shardul Amarchand for comment, and have reached out for comment to Thomas.
Comments
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ThePhantom
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Why risk taking the case public in the HC otherwise?
Life comes full circle. Payback is a b***ch!
Desperate times at CAM if it has to resort to these tactics.
"May Day, May Day!l"
But actually not surprising. They did this with Ashwath and Nisha etc but then since they wanted Percy, arrived at a swap deal.
Disgusting stuff.
Hope all of CAMs international best friends are watching
Kian, is this the first instance of a law firm partner being sued by the firm on this ground?
http://www.legallyindia.com/Law-firms/when-lawyers-attack-other-lawyers-5-of-the-biggest-law-firm-partnership-battles-in-history-via-mint
Delhi and Bengaluru.Poor performance so no appraisal,
No increment as new tools to withhold talent from leaving.
Push for locals to buy out Chennai.Mass resignation at
Chennai. Everything backfired. So suit filed to salvage
Sunk reputation. One more nail in the coffin. Hyderabad,
Chennai and finally Ahmedabad suffer same fate of cost
Cutting and closure
Kian, ask the insiders everyone knows !
Mummy ka aashirwad is really important!!!
They made sure she quit.
They were congratulating themselves on her departure.
She goes on to join SAM.
They sue her!
Shame on you Cyril.
Shame on the other equity partners at CAM who are letting him do this to people.
A little bird at the Chennai bar (who heard from one of Dorothy’s flock) tells me that Dorothy and her crew [...] (who have been allowed to stay around for far too long), were given the chance to set up their own practice. Instead, they reached out to the only person who would have them [...], and the price of entry was that Dorothy and her associates had to
a) [...]
b) [...]
A S.9 application is made for urgent relief or prevent irreversible damage. CAM wouldn’t go to court unless they had proof that such damage was imminent.
They couldn't be bothered about their fellow colleagues or even juniors for that matter.
They are happy Cyril takes the blame or the fall.
It's always and only about their money and self preservation that matters, and have their own selfish motives or agendas !
What's next? Shackles? Goonda threats?
People at CAM should seriously think why are they continuing.
Best of luck CAM.
And now all you other gophers can quickly start down voting my comment.