Page 166 - Carte Falimentul BIR

written "5615/ 12.03.2000", as well as, erasures, scraps and additions, certain
indications of material forgery in official documents.

The fact that the BNR document was not registered with the Court was found on
the spot by DNA prosecutor Florin Târnacop, who has drawn up a report in this
respect.

Under these circumstances, the request issued by the BNR has only a material
appearance of legal act, but, not being a part of the Bucharest Court, cannot be
regarded as a procedural act, thus attracting the non-existence of this request.

Related to this situation, it is clear that the request of the National Bank of
Romania on initiating the bankruptcy of BIR, not being registered in the General

Ledger, the court was not notified; consequently the court was not invested in a
decision in this case and therefore it was incompetent.

3. However, although the request of the National Bank of Romania was not
registered before the Court of First Instance, and the court was not notified and
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therefore not invested, on the same day of June 29 2000, there were two written
resolutions of the court, but none of which belonged to the judge service of the
day (TMB Section VI address), as it follows:

- a resolution, in the upper right-hand side, with the content: «Pr. 29.06.2000. The
file will be presented to the Bucharest Court Chairman for appointing the syndic
judge. It is cancelled the stamp fee of 300.000 lei and the judicial fee of 50.000

lei »- undesciphrable signature;

- a resolution, at the top left, with the content: "Pr. 29.06.2000. The debtor, the
ORC and BNR will be notified by a procedural agent and by displaying at the
court's door" - the signature belonging to magistrate Negru Cristina.

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So the request of the BNR was drafted on June 29 2000. How could it be
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registered at the Court on March 12 2000 ???
The mystery of non-filing the request was elucidated during the investigation of
the ex government adviser Fănel Pavalache: the request was taken by Arin
Stănescu from the National Bank of Romania and handed to a judge at the "Zet"
restaurant located behind the Bucharest Court of Appeal, and forgetting to
register it until the day before the trial.

Even today, it can be noticed that there is no registration stamp of the Court on
the application.

Taking into account the mandatory provisions regarding the competence of
judges, contained in Law no. 64/1995 and GEO no. 186/1999, investigations were

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