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Articles by Narendra Sharma

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Arbitration Proceedings - A Case Study

  Narendra Sharma   08 May 2013 at 12:22

Before HONBLE SOLE ARBITRAL TRIBUNAL PAPER MERCHANTS ASSOCAITION (REGD.) GALI BATASHAN, CHAWRI BAZAR, DELHI-110 006 Preliminary Objections The Respondent has raised following Preliminary Objections. 1. The said application dated 29.10 ..


Posted in Others  9 comments |   3780 Views


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

  Narendra Sharma   25 October 2012 at 12:24

(1) It is respectfully submitted that the recovery proceedings against the Guarantor before honble Debts Recovery Tribunal (hereinafter DRT or Tribunal) under section 19 of the Recovery of Debts Due to Bank ..


Posted in Corporate Law  13 comments |   4985 Views


Guarantors fail to claim their rights under Contract Act although Courts have recognised these right

  Narendra Sharma   08 October 2012 at 11:28

Introduction Recently, after going through my Articles on the website {namely (1) Directors Personal Guarantee-A Void Agreement and (2) Personal Guarantee-A Void Agreement), one visitor informed me that, on the contrary, commenting on his c ..


Posted in Corporate Law  12 comments |   3539 Views


Director's Personal Guarantee - A void agreement

  Narendra Sharma   06 September 2012 at 13:28

Index to Parawise Contents 1. Evolution of concept of legal entity 2. Effect of Incorporation: Company as a separate legal person 3. Limited Liability 4. General Powers of Board 5. Borrowing 6. Finances 7. Directors as agents 8. Share ..


Posted in Corporate Law  14 comments |   5420 Views


Simultaneous Proceedings against the Borrower and the Guarantor in the DRT is Illegal

  Narendra Sharma   01 June 2012 at 10:58

The scheme of Indian Contract Act, 1872 on the subject of a Contract of Guarantee may be summarized as follows: (a) A contract of guarantee is a tripartite agreement which contemplates the principal debtor, the creditor and the surety {Punjab Natio ..


Posted in Corporate Law  20 comments |   3686 Views


Transcore Vs UOI-A Judicial Monocracy to Anyhow Uphold Unwarranted Multiple Actions of the Banks/FIs

  Narendra Sharma   11 December 2011 at 00:11

INTRODUCTION: (1)The Statement of Objects and Reasons to the Enforcement of Security Interest and Recovery of Debts Laws (Ame ..


Posted in Constitutional Law  1 comments |   2681 Views


Are "We, the people of India" Not Entitled To Be Governed By the "Rule of Law"?

  Narendra Sharma   28 November 2011 at 18:14

INTRODUCTION: (1) The constitutional validity has been challenged of Chapters 1B and 1C of the Companies Act, 1956 inserted by Companies (S ..


Posted in Constitutional Law  2 comments |   1972 Views


Why One Shall Not Be Justified in Thinking that an Attempt is Being Made to anyhow upheld the claim of the State?

  Narendra Sharma   26 November 2011 at 16:31

INTRODUCTION: An extract is reproduced below from Walk the Talk on NDTV 247 with The Indian Express Editor-in-Chief Shekhar Gupta, former Supreme Court judge and now chairman of the Press Council of India, Justice Markandey Katju, ..


Posted in Constitutional Law |   1942 Views


What is the harm, if now the judiciary is trying to improve its performance by chasing injustice?

  Narendra Sharma   26 November 2011 at 16:31

INTRODUCTION: Extract reproduced below from Walk the Talk on NDTV 247 with The Indian Express Editor-in-Chief Shekhar Gupta, former Supreme Court judge and now chairman of the Press Council of India, ..


Posted in Constitutional Law |   1628 Views


State Has First Charge over Secured Assets despite Overriding Provision in Securitisation Act

  Narendra Sharma   22 November 2011 at 12:25

State Has First Charge over Secured Assets despite Overriding Provision in DRT Act and Securitisation Act INTRODUCTION: (A) In the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter called the DRT Act& ..


Posted in Corporate Law  2 comments |   2514 Views