Dharmesh Singh Penesar


Corporate Litigation | Corporate Insolvency | General Civil Litigation

After obtaining a Bachelor of Laws (LLB) (Honours) degree from Cardiff University in 2005, Dharmesh was called to the English Bar at Lincoln’s Inn, London in 2007. His portfolio mainly covers corporate insolvency and company restructuring.

  • L.LB (Honours) Cardiff University, Wales (2005)
  • Barrister-at-Law Honourable Society of Lincoln’s Inn, London (2007)
  • Advocate & Solicitor, High Court of Malaya (2008)
  • Acted for creditors of a GLC and its subsidiary with debts of more than RM50 million. The Petition also covered questions as to the company’s ability to dispose of its assets after the commencement of winding up proceedings and preferential settlement of creditors debts.
  • Acted for the creditor of a public listed company in successfully applying for the appointment of a Provisional Liquidator in Winding-Up Proceedings in order to protect assets in excess of RM500 million from being disposed of by the Petitioning Bank in its attempt to appoint a Private Liquidator instead.Acted for a private limited company in successfully obtaining 4 Restraining Orders pursuant to s.176(10) of the Companies Act, 1965 to facilitate a proposed Scheme of Arrangements involving the restructuring of over RM160 million in debt. The brief included defending numerous applications to oppose the proposed Scheme of Arrangements and to set aside the Restraining Orders.
  • Advised and acted for a white knight company (listed on the Singapore stock exchange) in rehabilitating a distressed company by way of a Scheme of Arrangement to restructure its debts through the initiatives of the Corporate Debt Restructuring Committee as well as to apply for validation orders to sell certain company assets to resolve its debt obligations.
  • Acted as counsel in a member’s voluntary winding-up of a major safety glass manufacturer in the Malaysian automotive industry which involved actions brought against multiple trade debtors for the recovery of sums due to the company, the systematic termination of approximately 197 employees and successfully defended multiple claims brought by disgruntle employees in the industrial court for compensation in lieu of reinstatement and back-wages.
  • Acted as counsel and advised in the member’s voluntary winding-up of one of Malaysia largest developers’ subsidiary with an excess of RM1.1. billion in capital assets. The brief involved, inter alia, initiating and defending multiple actions against trade debtors / creditors.
  • Regularly acts for consultants, receivers and managers of both local and multinational corporate finance firms in matters involving discharge of liquidators, recovery of liquidator’s fees and remuneration as well as suits brought by the liquidator to recover monies owed to the wound-up company to creditors.
  • Regularly acts for Malayan Banking Berhad in all manners of banking related litigation.
  • Advised various local (listed) and international steel corporations on the importation of Hot Rolled Coils on behalf of a national car manufacturer under the customs act. The scope of work included negotiating with the Royal Malaysian Customs Department, the Ministry of Finance, Ministry of International Trade and Industry and the Malaysia Iron and Steel Industry Federation. It also included the filing of Judicial Review Proceedings to quash the final decisions of the Ministry of Finance which maintained Bills of Demand issued by the Royal Malaysian Customs Department with a combined value in excess of RM20 million.
  • Acted for the estate of the late Arab-Malaysian Development Bank (now known as Ambank Group) founder, Hussain Ahmad Najadi which received substantial media coverage:
  • Dharmesh also has one published article in Personal Money Magazine, March 2011 issue entitled ‘How to get the message across’. The article highlights customer rights, bankers’ obligations and liability
Professional Memberships
  • Associate (Pioneer Member), Asia Institute of Alternative Dispute Resolution (AADR)
  • Associate Member, Insolvency Practitioner Association of Malaysia (iPAM)
  • Member, INSOL International
  • Member, Malaysian Bar
  • Member, The Honourable Society of Lincoln’s Inn (London)