Claims Over Dividend Prescription by Escobio
Escobio, S.A.
C. 01161-2018-01246
Summary
This is an ordinary civil lawsuit filed by Escobio, S.A. against Lisa, S.A., seeking to declare the prescription of dividends decreed in various shareholder assemblies. Lisa contested the procedural route and filed a motion for revocation against the admission of the claim in the ordinary process.
Decisions
Motion for revocation filed by Lisa against the November 6, 2018 resolution admitting the prescription claim in ordinary courts.
The Court granted the motion for revocation, nullified the challenged resolution, and declared that the ordinary process is not the correct route because the dispute involves two commercial entities and concerns dividends from shareholder assemblies. The claim was rejected from ordinary proceedings.
The admission of the prescription claim in the ordinary process was revoked; the Court ordered that the matter be pursued through the commercial summary trial.
Conclusion
Lisa, S.A. prevailed. The Court granted the motion for revocation, annulled the admission of the claim under the ordinary process, and ruled that the dispute must be processed as a commercial summary trial under the Commercial Code. As a result, the prescription claim could not proceed in ordinary courts, further consolidating Lisa’s defense against attempts to extinguish its dividend rights.