Post by xyz3700 on Feb 27, 2024 3:35:01 GMT -6
The Itapemirim Group's judicial recovery plan was approved this Tuesday (14/5) by judge João de Oliveira Rodrigues Filho, from the 1st Bankruptcy and Judicial Reorganization Court of São Paulo. In the decision, the judge highlighted that the recovery of business activity in crisis will be beneficial to the debtor company, which will remain in operation. "But it will also be favorable to creditors, even if they have to bear some burden represented by discounts, installments or some other type of restriction, as the debtor will continue to operate, operate in the market in an important way and, directly or indirectly, will continue to benefit the creditor's activity. The businessman must also bear the burden of judicial recovery, committing himself, even at the expense of his own interests, to maintaining jobs, collecting taxes and presenting a feasible recovery plan that meets, at a minimum, the interest of creditors, in line with economic and market logic", says Rodrigues Filho in the decision.
Itapemirim requested recovery on March 7, 2016 to restructure a debt of more than R$300 million, much of which is labor debt, as well as foreign suppliers and creditors. The Group is made up of the companies Viação Itapemirim S/A, Transportadora Itapemirim S/A, Ita Itapemirim Transportes S/A, Imobiliária Bianca Ltda., Cola Comercial e Distribuidora Ltda, Flecha SA Turismo Comércio e Indústria and Viação Caiçara Ltda. Change of forum The Group's defense is carried out by lawyers Elias Mubarak Júnior and João Paulo Betarello Dalla Mulle , from Mubarak Advogados Chinese Malaysia Phone Number List Associados, recalls the process of bringing the action to São Paulo. "The request for Judicial Recovery was initially processed in Vitória, Espírito Santo. But in 2018, the judge of the 13th Specialized Court of Vitória recognized his absolute incompetence to process the Judicial Recovery, understanding that the Competent Forum to assess the request would be one of the Courts of the Central Civil Court of São Paulo. That's when we took over and managed to bring the case to the capital of São Paulo", says lawyer Mubarak.
Sentence partially valid In judgment on the merits, the 3rd Civil Court of the District of Santa Maria partially granted the compensation action, recognizing only the material damage. The judge saw an ''unequivocal causal link'' between the defendant's conduct and the loss suffered by the author, due to the use of a utility model patent without authorization, constituting counterfeiting. Therefore, in the face of illicit conduct, there is a duty to repair, as indicated in articles 187 of 927 of the Civil Code. In justifying his sentence, judge Michel Martins Arjona made several references to the expert's report. When answering one of the questions, the judge observed, the expert was emphatic in stating that the defendant could not produce or sell Industrial Design 7003054-5 (“configuration applied to a finishing piece for the corner of a wheel-roof”) without authorization of the plaintiff. By doing so, he committed a violation of article 42 of the LPI.
Itapemirim requested recovery on March 7, 2016 to restructure a debt of more than R$300 million, much of which is labor debt, as well as foreign suppliers and creditors. The Group is made up of the companies Viação Itapemirim S/A, Transportadora Itapemirim S/A, Ita Itapemirim Transportes S/A, Imobiliária Bianca Ltda., Cola Comercial e Distribuidora Ltda, Flecha SA Turismo Comércio e Indústria and Viação Caiçara Ltda. Change of forum The Group's defense is carried out by lawyers Elias Mubarak Júnior and João Paulo Betarello Dalla Mulle , from Mubarak Advogados Chinese Malaysia Phone Number List Associados, recalls the process of bringing the action to São Paulo. "The request for Judicial Recovery was initially processed in Vitória, Espírito Santo. But in 2018, the judge of the 13th Specialized Court of Vitória recognized his absolute incompetence to process the Judicial Recovery, understanding that the Competent Forum to assess the request would be one of the Courts of the Central Civil Court of São Paulo. That's when we took over and managed to bring the case to the capital of São Paulo", says lawyer Mubarak.
Sentence partially valid In judgment on the merits, the 3rd Civil Court of the District of Santa Maria partially granted the compensation action, recognizing only the material damage. The judge saw an ''unequivocal causal link'' between the defendant's conduct and the loss suffered by the author, due to the use of a utility model patent without authorization, constituting counterfeiting. Therefore, in the face of illicit conduct, there is a duty to repair, as indicated in articles 187 of 927 of the Civil Code. In justifying his sentence, judge Michel Martins Arjona made several references to the expert's report. When answering one of the questions, the judge observed, the expert was emphatic in stating that the defendant could not produce or sell Industrial Design 7003054-5 (“configuration applied to a finishing piece for the corner of a wheel-roof”) without authorization of the plaintiff. By doing so, he committed a violation of article 42 of the LPI.