Areas of Practice
Corporate and Commercial Disputes
The firms experience in this field ranges from drafting agreements for body corporates that apply to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales to resolving disputes that arise during and after the course of the commercial transaction, whether through litigation or alternative dispute resolution processes. The firm acts for major food producers, some of which are listed on the main board of the Bursa Stock Exchange and has been involved in drafting and/or perusing franchise agreements for Kyros Kebabs, Subway Sandwiches and the Big Apple Doughnuts. The firm also acts for and advises major local and international companies in the steel industry which supply products to the local automotive and electronic markets.
Who to Contact:
Amit Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Defamation
The firm regularly represents clients in respect of defamation disputes and is highly experienced in defamation law.
Who to Contact:
Amit Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Hire, Purchase & Leasing
The firm’s scope of litigation work in this practice area ranges from the general enforcement of hire purchase and equipment leasing agreements to advising and acting in disputes involving block discounting, floor stocking, sale and lease back transactions as well as the financing aspects of such transactions such as factoring. Acted for a major domestic distributor of KTM luxury motorcycles in a corporate dispute between shareholders and directors.
Who to Contact:
Amit Penesar
Email: [email protected]
Family Law
The firm’s family lawyers are committed to providing legal advice that is geared towards practical outcomes whilst retaining personal sensitivity towards delicate circumstances. The firm’s lawyers attribute primacy to resolving disputes via mediation without having to litigate. However, should litigation be required, clients will benefit from the firm’s litigation experience, ensuring that their needs are effectively advocated.
The following are amongst the areas of the firm’s family law practice:
- Annulment proceedings
- Divorce proceedings
- Spousal maintenance
- Child support and/or custody
- Property division
- Adoption
- Settlement
Notable Experience
- Advised and represented clients in various contested and uncontested divorce proceedings, petitions for annulment and judicial separation, child custody and maintenance applications and disputes, spousal support, property disputes, drafting of settlement agreements and adoption.
- Have worked with several lawyers from abroad including India and Singapore on divorces and family disputes with an international aspect including drafting of simple wills.
Who to Contact:
Teja Penesar
Email: [email protected]
Land Acquisition
Land law has been one of the firm’s primary areas of practise since its inception. The firm has a well-rounded portfolio in this field which includes the representation of buyers and sellers in the acquisition and disposition of various kinds of real estate including office buildings, retail centers, hotels, industrial properties, residential properties and manufactured housing communities. The firm’s vast clientele of property developers as well as its permanent and ad hoc panelship of a number of local banks has allowed it to carve a name for itself in areas of conveyancing and other property transactions as well as land disputes.
Who to Contact:
Teja Penesar
Email: [email protected]
Amit Penesar
Email: [email protected]
Product Liability
The firm acts for major international manufacturers and local distributors of goods. Our litigation experience covers a wide range of manufacturing industries ranging from motor vehicles to electronic devices as well as foodstuff.
Who to Contact:
Amit Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Restructuring and Insolvency
The firm’s insolvency and restructuring practise stems from cases of financially distressed corporate borrowers defaulting on their loan obligations. The firm regularly acts on all aspects of corporate and personal insolvency and works closely with financial advisers /consultants, receivers and managers, liquidators and special administrators in such matters. We also advise and enforce the rights and remedies available to creditors or target corporations in the courts or other venues of judicial process.
Who to Contact:
Amit Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Construction and Engineering
The firm’s services in this field of law range from the provision of advice and drafting of the relevant documents in the pre-construction and construction stages to resolving disputes that arise during and after construction, whether through litigation or alternative dispute resolution processes. The firm acts for developers/employers, engineering firms, design professionals, quantity surveyors, construction and project managers and contractors.
Notable Experience:
- Acted for the Graduate Engineer in relation to the collapse of the feature wall of Menara UMNO in the State of Penang.
- Acted for the developers in various issues relating to planning permission in the heart of Georgetown’s heritage site.
- Acted for developers and main contractors in various disputes of construction including applicability of ‘pay when paid’ clauses in constructions agreements.
- Acted for Hotel Sentral (Georgetown) in relation to damage and cracks to the foundation of the hotel caused by construction work on the neighbouring lot.
Who to contact:
Amit Penesar
Email: [email protected]
Employment
The firm advises it’s clients on a diverse range of employment issues relating to disciplinary actions, domestic enquiries, dismissal, voluntary separation schemes, retrenchments and mutual separation agreements as well as: a. Reviewing and drafting employment contracts, b. Reviewing and drafting collective agreements, voluntary separation agreements, and mutual separation schemes and the preparation of all related documentation. Apart from advisory work, the firm’s lawyers regularly appear in the industrial courts. The firm represents various companies in retrenchment, constructive dismissal and unfair dismissal claims.
Who to Contact:
Amit Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Medical Negligence and General Insurance
Medical Negligence
The firm has a wide range of experience in the field of medical negligence. The firm’s team of litigation lawyers have dealt with claims brought against doctors, surgeons and hospitals concerning issues ranging from medical misdiagnosis to negligence. The firm also has experience in cases involving allegations of misdiagnosis, surgical mishaps, as well as providing comprehensive representation to medical practitioners who are charged with misconduct by the Malaysian Medical Council.
Motor Insurance
The firms motor insurance litigation team is experienced in handling high value and complex claims at both the trial and appellate levels and pride themselves with high experience in most areas of tort.
Professional Liability / Negligence
The firm also has experience in representing a broad range of professional including lawyers, engineers, accountants, bankers and architects in claims brought against them in the conduct of their professional services be it negligence or malpractice.
Who to Contact:
Teja Penesar
Email: [email protected]
Amit Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Real Estate
The firm’s involvement in property disputes ranges from boundary disputes, compulsory land acquisitions, nuisance and trespass to fraud, negligence and breach of contract.
Notable Experience:
- Acted in Seberang Baru Sdn Bhd v. Majlis Ugama Islam Pulau Pinang Dan Seberang Perai [2012] 3 MLRA 533, Court of Appeal, which dealt with the issue of indefeasibility of title and interest in property purchased by a bona fide purchaser without notice of the land being subject to a trust deed establishing a charitable trust that was created in 1901.
- Saw Siew Tuan v. Omicrast Manufacturers Sdn Bhd [2013] 5 MLRA 159, Court of Appeal which concerned the conditional sale & purchase of a leasehold property, where said lease had expired 13 years prior to the execution of the agreement and whether the leaseholder could enter into a valid agreement for sale if the subject matter property had remained state land.
- Windsor Aims Construction Sdn Bhd v. MNQ Builder Sdn Bhd & Ors [2016] MLRHU 422 on the principles applicable in applying for mandatory interlocutory injunctions.
- Ming Yi Feeds Sdn Bhd v. Leong Huat Farming Sdn Bhd [2009] 9 MLRH 126, High Court which concerned obtaining an interlocutory injunction prohibiting the owner of a factory premise from entering and disrupting operations of the factory as a result of an internal dispute amongst the directors.
Who to Contact:
Teja Penesar
Email: [email protected]
Amit Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Trust, Wills, Estate and Charities
Part of the firms diversified practise includes advising on and preparing wills for clients. Our work extends to the setting up of trust structures, charitable trusts, deed of family arrangements and other relevant documents to satisfy the needs and intentions of clients in relation to the holding and distribution of assets.
Our scope of work also includes matters pertaining to the distribution of estates of deceased persons which include applications to the High Court for Grants of Probate and Letters of Administration.
Notable experience:
- The firm represented the estate of the late Arab-Malaysian Development Bank (now known as Ambank Group) founder, Hussain Ahmad Najadi which received substantial media coverage.
- The firm worked closely with financial consultants in drafting a Business Succession Agreement which involved the sale of shares and disposal of company assets worth in excess of RM100,000,000.00.
Who to Contact:
Teja Penesar
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
Vinesh Mathew Varghese
Email: [email protected]
Banking
The firm acts for Maybank, Malaysia’s largest domestic financial institution. The firm’s litigation experience covers all aspects of banking and customer relationship ranging from routine debt recovery and foreclosure proceedings to execution, bankruptcy and winding-up proceedings.
The firm’s experience also includes advising financial institutions in relation to loan structures and the enforcement of security documentation.
Who to Contact:
Vinesh Mathew Varghese
Email: [email protected]
Dharmesh Penesar
Email: [email protected]
About Us
Teja Singh Penesar & Co is a Penang based law firm founded by Teja Singh Penesar. The firm, honed by its years of experience in advocacy and litigation, provides unsurpassed services for dispute resolution and corporate and commercial legal issues.
Teja Singh Penesar & Co (Kuala Lumpur)
No.B-03-06,
Gateway Corporate Suites,
No.1, Jalan Desa Kiara,
50480 Mon’t Kiara, Kuala Lumpur.
+603-6206 2895