It insists on spreading an auction of goods that supposedly have been impounded to the companies from the Noboa Group and that are actually owned by several and legal individuals and companies to the forged tax debt of Bananera Noboa S.A.
We make public that those shots will be declared void, sooner than later, because, to date, the suspension of compulsory process, as determined by applicable law, is in effect, then, there is a judgment of exceptions to be resolved in the 4th Chamber of the Court District Attorney of Guayaquil, this effect is provided by Articles Arts. 214, 222.1 and 247 of the tax code, in addition, there is a direct action that is aware of the National Court of Justice, in the same way, have suspensive effect, as imposed by Art. 221, in accordance with the already cited Art 247 of the Code and, finally, because they are presented in the third Exclusionary Domain parties who likewise determine the suspension of any coercive enforcement when there is no administrative or judicial declaration made under Article 2 of the Organic law on the weekdays Rights, and is arranged by sections 178 and 286 of the Code renovated mentioned.
Consequently, it is quite evident that the rightful owners of these assets, temporarily seized by the Internal Revenue Service (SRI for its spanish acronym), have not renounced their property and not its defense in all administrative and judicial bodies, national and international, so anyone who seeks to appropriate using fraudulent auction mechanism that has been organized for the purpose, act with full knowledge and willingness to do so by the artifice unlawful noted, no legal rule or judicial decision that will protect him still, therefore, responsible for the consequences that generate their own behavior.
This statement is only intended to alert stakeholders in good faith and persuade them to refrain from arbitrary assist with the procedure developed by public officials, such as elementary evidence can not ensure legal certainty for anyone, therefore their actions are voidable by the judges, as particular Article 173 of the Constitution of the Republic.
Finally, we request that any citizen or legal person of the Internal Revenue Service (SRI for its spanish acronym) requires one certification due to existence of the actions detailed here and thus may determine the truth and corroborate the statements.
Furthermore Bananera Noboa Exporting company will continue to claim over its unfair and harmful treatment which has been taking place, since the Dole Banana Company, for the same tax year of 2005, paid USD$700,136.37 and they pretend to charge my client with 93 million dollars for exporting less fruit in that same year.
Dr. Jorge Zavala, Att. Bananera Noboa
Ab. Roberto Ponce, CEO. Bananera Noboa