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Cyril Amarchand files for interim injunction against Chennai partner Dorothy Thomas in Bombay HC, settlement possible soon

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.

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