AUCTION OF 7 LOTS LOCATED IN THE PLAYAS CANTON WOULD BE NULL



DO NOT PARTICIPATE IN THIS ILLEGAL PROCESS

Diogenes VillacIs Crespo, for the rights I represent of TOSQUINI S.A. company, RUC #0992541164001, owner of the 7 land lots located in the Playas canton, which the SRI pretends to auction according to the regulation  N° RLS-COAPRPC13-01526; within the ILLEGAL execution process N° RLS-03855-2012 in which the entity I represent has been wrongly linked, I state:

THE COLLECTION PROCEEDING IS SUSPENDED!

1. Since the date that  BANANERA NOBOA S.A. EXPORTING COMPANY filed the exception document over the collection process, the execution was suspended. As provided by articles 214 and 247 of the Tax Code.

2. The filing of the Direct Action  N° 09502-2013-0087 (which currently is the National Court of Justice for Cassation’s competence)  SUSPENDS, likewise, the collection process, especially when  BANANERA NOBOA S.A. EXPORTING COMPANY has presented the respective collaterals of $ 10 million and $ 5 million, to process the complaint.

3. The excluding of dominion by third parties presented before you few days ago, which you pretend to dismiss without legal foundation, will be processed within ordinary Justice; therefore, they also SUSPEND the collection process.

4. The complaint proceedings presented against you for the violation of due process.

It is recalled to the Special Collector, that the suspension of the execution proceeding, SUSPENDS also your managerial competence, adopting a de facto path that causes the nullity of everything carried out.

FOR THE EXPOSED BASES, WE ALERT THE CITIZENS TO ABSTAIN FROM PARTICIPATING IN THE AUCTION OF THE 7 LOTS LOCATED IN THE PLAYAS CANTON, AND ANY FUTURE ACTION, BECAUSE THEY WOULD BE NULL AND ILLEGAL.

It is Justice

Sincerely,

Diogenes Villacis Crespo                                                                Dr. Jorge Zavala Egas

Legal Representative                                                                        C.I. 0903667335

Tosquini S.A.


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