Meet Your Advocate
“Fiat Justitia, Ruat Caelum” (latin for let justice be done, though the heavens fall) is an accurate reflection of the force, passion, dedication and enthusiasm behind Messrs Bhavanash Sharma.
Founder and Partner Bhavanash Sharma is an accomplished and skilful litigation and trial lawyer. Called to the Malaysian Bar in 2002, he has eloquently handled countless trials and appeals at all tiers of Court including the highest court of the land, the Federal Court.
Our Practice Areas
Banking & Finance
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
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.
Breach of Contract
Allen David Martinez trading as Martech Consultants v E-Pay (M) Sdn Bhd
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
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
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 conclusive proof of debt. Mr Sharma was successful in defeating the summary Judgment appeal with costs.
Banking & Finance
Maybank v Kulai Edible oil (in Liquidation)
Mr Sharma was engaged by the Plaintiffs to litigate a matter for fraudulent misrepresentation and other courses of action wherein he was successful in obtaining Damages amounting to RM 500,000.
Lian Choy Ling and another v Sum Yap Loong and another
Qaireen Abdulah had engaged the services of Mr Sharma to institute an action in the High Court wherein Mr Sharma was successful in proving abuse of power against the Government of Malaysia and the other defendants.
Qaireen v Government of Malaysia and 3 others
Mr Sharma had successfully defended a RM 1,000,000 defamation suit by raising the defences of Absolute Privilege and Qualified Privilege. After hearing arguments by Mr Sharma, the High Court had awarded Punitive Costs of RM 50,000 against the Plaintiff.
Dato’ Alvin Tee Guan Pian v Tan Cheng Chuan
Mr Sharma was once again engaged and successfully obtained a Judgement of RM 339,000, mostly awarded under the heading of Exemplary and Aggravated damages.
Wan Rohawati v Citi Home Resources and 3 others
Mr Sharma was engaged by victims to pursue a matter against the land fraudsters and was successful in getting Judgement in the sum of RM 270,000 inclusive of Aggravated and Exemplary Damages.
Wan Hartini v City Homes Resources and 3 others.
Mr Sharma was once again engaged by 6 land scam victims to pursue a course of action in the High Court and was successful against the perpetrators wherein Aggravated and Exemplary Damages were awarded.
Jenderam Land Scam
Mr Sharma was engaged by Alwiyah, one of the litigants in a massive land scam that was orchestrated by City Home Resources. Mr Sharma was successful in not only getting Judgement on the purchase price, but also obtained Aggravated and Exemplary Damages apart from General Damages in the region of RM 250,000.
Alwiyah v City Homes Resources and 3 others
Mr Sharma was engaged by an external counsel from South Africa to defend a claim which went up to the Federal Court.
Roger Bogne v Istana Securities