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Articles by Narendra Sharma

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Guarantor must obtain a Counter Indemnity Bond from the Borrower

  Narendra Sharma    11 August 2015 at 16:57

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 ..


Posted in Others  11 comments |   2396 Views


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

  Narendra Sharma    28 July 2015 at 11:45

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 ..


Posted in Others |   2756 Views


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

  Narendra Sharma    01 June 2015 at 10:09

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 ..


Posted in Others  5 comments |   2297 Views


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

  Narendra Sharma    25 March 2015 at 11:40

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 ..


Posted in Others  8 comments |   4287 Views


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

  Narendra Sharma    09 January 2015 at 12:03

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


Posted in Corporate Law  5 comments |   2552 Views


Recovery Proceedings by DRT against the Guarantors Are Without Jurisdiction

  Narendra Sharma    08 July 2014 at 12:21

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. ..


Posted in Others  8 comments |   2634 Views


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

  Narendra Sharma    25 February 2014 at 16:29

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 ..


Posted in Others |   2727 Views


Borrower's Concise Guide to Bank Loan

  Narendra Sharma    30 December 2013 at 12:27

(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 ..


Posted in Corporate Law  5 comments |   2164 Views


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

  Narendra Sharma    11 December 2013 at 11:50

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 ..


Posted in Others  2 comments |   3865 Views


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

  Narendra Sharma    29 August 2013 at 13:01

(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 ..


Posted in Corporate Law  20 comments |   3668 Views


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