Opposition to Exclusion by Compraventa de Productos Alimenticios, S.A.
Compraventa de Productos Alimenticios, S.A.
C. 01162-2011-01095
Summary
Lisa, S.A. filed a summary opposition lawsuit against Compraventa de Productos Alimenticios, S.A. after being excluded as shareholder. During proceedings, the case was briefly accumulated with Lisa’s separate opposition lawsuit against Avícola Las Margaritas, S.A., but that consolidation was revoked on appeal. Compraventa sought amparo, which was denied. Later, in 2017, the case was administratively accumulated into Expediente No. 01041-2011-00110, where it continues to be processed.
Decisions
Whether revoking the accumulation of Lisa’s two opposition lawsuits violated Compraventa’s right to due process.
The Court denied the amparo and confirmed the decision of the Amparo Chamber of the Supreme Court. It held that each company’s shareholder exclusion must be analyzed separately, and revoking the accumulation did not violate constitutional rights. A fine of Q.1,000 was imposed on Compraventa’s counsel.
Lisa’s opposition lawsuits against Compraventa and Avícola Las Margaritas proceeded independently.
Clarifying the current procedural status of the case.
The court confirmed that this case had been accumulated into Expediente No. 01041-2011-00110 by order of the Seventh Civil Court on 19 Sep 2017 and transferred there on 24 Nov 2017. All filings are now processed under that case.
The expediente ceased to proceed independently and is now handled entirely within Exp. No. 01041-2011-00110.
Conclusion
Compraventa’s constitutional challenges failed at every level, and the courts confirmed that Lisa’s shareholder opposition lawsuits must be handled separately. Subsequently, this case was merged into Expediente No. 01041-2011-00110, where all related proceedings continue.