Practice Areas

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.

Employment Law
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.

Employment Law
Mohd Shaharom & Another v Affin Bank

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.

Tort
Lian Choy Ling and another v Sum Yap Loong and another

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.

Tort
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.

Land Matters
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.

Land Matters
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.

Land Matters
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.

Land Matters
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.

Contractual Disputes
Roger Bogne v Istana Securities