Narendra Sharma

Articles by Narendra Sharma


11 August 2015 at 16:57

Guarantor must obtain a Counter Indemnity Bond from the Borrower

  POSTED BY Narendra Sharma

CONTRACT OF GUARANTEE - SCHEME OF CONTRACT ACT,1872 1(a) It is submitted that Sections 133, 134, 135, 139, 140,141 and 145 of the Indian Contract

  11 comments |   2183 Views


28 July 2015 at 11:45

DRT has no jurisdiction to issue Certificate of Recovery against the Guarantor - Part 3

  POSTED BY Narendra Sharma

1. It is submitted that the recovery proceedings against the Guarantor before hon’ble Debts Recovery Tribunal (hereinafter ‘DRT’ or ‘Tribunal’) under section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter

  0 comments |   2397 Views


01 June 2015 at 10:09

Only Civil Court can grant relief of declaration that personal guarantees stand discharged

  POSTED BY Narendra Sharma

1. In Mrs. Sunayana Malhotra & Ors. vs ICICI Bank [IA No.5814/2009 in CS(OS)No.527/2009; [2010 (1) DRTC 353 (Delhi); Decided on 6 October, 2009] hon’ble Delhi High Court was considering an application of the defendant under Order 7 Rule 11

  5 comments |   2202 Views


25 March 2015 at 11:40

DRT has no jurisdiction to issue Certificate of Recovery against the Guarantor-Part 2

  POSTED BY Narendra Sharma

1. It is submitted that the recovery proceedings against the Guarantor before hon�ble Debts Recovery Tribunal (hereinafter �DRT� or �Tribunal�) under section 19 of the Recovery of Debts Due to Banks and Financial Insti

  8 comments |   4073 Views


09 January 2015 at 12:03

Delay in sanction & disbursal of bank loan; a reason for failure of majority of projects

  POSTED BY Narendra Sharma

1. The author is mainly engaged in drafting Securitisation Applications and Counter Claims (i.e. Claims for loss and damages suffered due to wrong

  5 comments |   2436 Views


08 July 2014 at 12:21

Recovery Proceedings by DRT against the Guarantors Are Without Jurisdiction

  POSTED BY Narendra Sharma

It is submitted that the recovery proceedings under section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as �DRT Act�) against the Guarantors are absolutely without jurisdiction.

  8 comments |   2536 Views


25 February 2014 at 16:29

Execution of Award against Directors by lifting Corporate Veil - Written Arguments - Part 2

  POSTED BY Narendra Sharma

1. That the Decree Holder has filed Execution Petition No. . and has prayed for the execution of the Award dated .. passed by the Sole Arbitrator, Delhi in Arbitral Reference No. . file

  0 comments |   2244 Views


30 December 2013 at 12:27

Borrower's Concise Guide to Bank Loan

  POSTED BY Narendra Sharma

(1)Why security insisted? The bank will look at: Cash flow to meet the operating expenses, debt servicing and other liabilities. The security likely to be created on movable and immovable assets. Security is taken

  5 comments |   2029 Views


11 December 2013 at 11:50

Execution of Award against Directors by lifting Corporate Veil - sample Application-cum-Written Arguments

  POSTED BY Narendra Sharma

1. That the Decree Holder has filed Execution Petition No. ..and has prayed for the execution of the Award dated . passed by the Sole Arbitrator in Arbitral Reference No. filed by M/s. &hellip

  2 comments |   3606 Views


29 August 2013 at 13:01

‘Ratio Decidendi’ has now been caused to be impenetrable, thus rendered a ‘top secret’ for all

  POSTED BY Narendra Sharma

(1) Ratio Decidendi: It is settled law that broadly, every judgment of a superior court has three segments, viz. (i) the facts and the point at issue; (ii) the reasons for the decision; and (iii) the final order containing the decision. The principl

  21 comments |   3562 Views








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