Areas of Practice
EMPLOYMENT LAW
COMPANY LAW
DEFAMATION
CONTRACTUAL DISPUTES
INSURANCE
BANKING & FINANCE
LAND LAW
FAMILY LAW
TORT LAW
EQUITY & TRUSTS LAW
CRIMINAL LAW
Notable Cases
Banking & Finance
Mr Sharma was engaged by Kulai Edible Oil to argue a point in the Court Of Appeal on a Certificate of Indebtedness issued by Maybank for a sum of more than RM 55,000,000 which in law is a conclusive proof of debt. Mr Sharma was successful in defeating the summary Judgment appeal with costs.
Maybank v Kulai Edible oil (in Liquidation)
Defamation
The Plaintiff, Jagdish Singh brought an action in libel for RM 30,000,00 against the Defendants’ in the High Court for defamatory statement lodged in a Bar Council Complaint lodged by the Defendants’. Mr Sharma was engaged in the suit by solicitors of the Defendants’ and successfully struck out the suit on the grounds of absolute privilege, qualified privilege and public policy with costs.
Jagdish Singh Sandhu v Gurcharan Singh &
2 others
Employment Law
Mr Sharma was engaged by the Plaintiff to file a suit against Affin Bank for forced early retirement which went against the vesting Order and the Business Transfer Agreement involving a merger exercise between Affin- ACF and Affin Bank. Mr Sharma was successful in obtaining several declaratory reliefs in the High Court. The damages assessed by the High Court exceeded RM 1,400,000. Mr Sharma was also successful in defeating Affin Bank’s appeal in the Court of Appeal. The Federal Court however, had allowed Affin Bank’s appeal. A review has been filed to the Federal Court under Article 137 of the Federal Constitution.
Mohd Kassim@Kamal Bin Ibrahim v Affin Bank
Employment Law
Mr Sharma was successful in a claim brought in the Industrial Court against Affin Bank on the issue of forced early retirement. This claim was for breach of the vesting order and the Business Transfer Agreement coupled with a plea of Misrepresentation. The Bank however tried to file for Judicial Review in the High Court but was dismissed (successfully argued by Mr Sharma). An appeal was lodged in the Court of Appeal and subsequently to the Federal Court was also argued by Mr Sharma and were all dismissed with costs exceeding RM 60,000.00.
Mohd Shaharom & Another v Affin Bank
Employment Law
Mr Sharma was engaged by Pentel Malaysia (a subsidiary of Pentel Japan) to defend an unlawful dismissal suit that was filed by their former employee, Michael Chai in the Industrial Court. Pentel was subsequently made liable for unlawful dismissal but their claim was reduced by 40% after taking into account Mr Sharma’s argument on the law of mitigation.
Chai Yaw Boon v Pentel Malaysia
Employment Law
Mr Sharma was engaged by Pentel Malaysia to defend a constructive dismissal suit filed in the Industrial Court. Mr Sharma was successful in dismissing the Claimant’s suit in the Industrial Court on the issue of transfer by the Company made bona fide.
Chew Kim Hong v Pentel Malaysia Sdn Bhd
Breach of Contract & Torts
Mr Sharma was engaged by the Plaintiff to launch a suit against Maybank & CIMB for unlawful repossession of the Plaintiff’s vehicle and the Statement of claim filed by the Plaintiff was for breach of Contract, Slander, Trespass, conversion and breach of statutory duty. Mr Sharma had conducted the trial and the Plaintiff was awarded damages exceeding RM 250,000. The Defendants’ appealed to the Court Of Appeal but subsequently withdrew.
Yang Mee Ng v Maybank & CIMB
Breach of Contract
Mr Sharma was first engaged as Counsel for the Plaintiff to launch a suit against E-pay for breach of the Business Consultancy Agreement “BCA”. The BCA is for the contract secured by the Plaintiff which made Astro the client of E-pay. The claim involved specific performance of the BCA for a further 3 years. Mr Sharma was successful in the trial and damages awarded by the Court would run in the Millions for commissions to be collected by the Plaintiff. The matter is now fixed for appeal in the Court of Appeal.
Allen David Martinez trading as Martech Consultants v E-Pay (M) Sdn Bhd