Hmmm25 Jan 2022 17:10
No. 2300080-22.2021.8.26.0000 - Digital Process. Petitions for joining must be submitted exclusively by electronic means, pursuant to article 7 of Res. 551/2011 - Interlocutory Appeal - São Paulo - Appellant: Dev Mineração S.a. (Zamin Amapá Mineração S/a) - In judicial reorganization - Appellee: O Juízo - Visas. This is an Interlocutory Appeal in which the appellant DEV MINERAÇÃO S/A (under judicial reorganization) requests urgent relief, in order to prevent five trucks, pledged in the execution that is being processed by the district of MACAPÁ-AP, from being removed from the district of WHITE STONE OF AMAPRI. I reject the request for urgent relief, given the absence of the probability of the alleged right, added to the lack of demonstration of the danger of damage or the risk to the useful result of the process. First, that the Appellant intends to suspend the acts of removal and expropriation of the trucks, when it was not able to obtain the suspensive effect in the action of embargoes of opposing third parties before the judgment of the 6th. Civil Court of Macapá-AP (pages 133). Second, that there is no demonstration that such vehicles are capital goods, essential for the maintenance of the activities of the company under reorganization. To this extent, the reorganization court is not competent to suspend constrictive acts carried out by the enforcement court, in the light of art. 6, § 7-A, Law no. 11.101/2005. The records are forwarded in due course to the eminent Judge drawn by lot. Int. - Magistrate (a) Sérgio Shimura - Advs: Luiz Antonio Varela Donelli (OAB: 248542/SP) - Pateo do Colégio - room 704
Sign In
Follow the stocks
