Page 169 - Carte Falimentul BIR
P. 169

Maria,  Bumbulut Anca, Dumitrescu Gabriela and others,  who executed the
               procedural acts.

               Further on, we will only refer to the magistrate Maria Năvală, who has solved the
               re-judgment of a series of appeals submitted by the shareholders representatives
               after the  Court of Appeal of Bucharest, admitting their appeal, quashed the
               decision given by the magistrate Negru Cristina.


               Verifying the nomination of Mrs. Năvala Maria in the so-called File no. 5615 /
                           th
               March 12  2000, a copy of the nomination was obtained, with the surprising
               finding that this legal act of procedure is absolutely null, being a forgery.

               Thus, this conclusion drafting does not comply with the provisions of art. 261 and

               268 of the Civil Procedure Code, because there are not mentioned the names of
               the judge (chairman) or of the clerk, at the names of the parties appearing in block
               capitals  a certain creditor "B.M.R", and the conclusion is not motivated as
               stipulated in art. 268, paragraph 4, of Civil Procedure Code, etc.

               What is interesting, however, is that the signature of the conclusion dated May
                  th
               15  2001 belongs to Mrs. Maria Huza, the President of the Bucharest Court, or,
               according to CSM (Superior Council of Magistracy) notification no. 7256/ SR/
                                     th
               2005 issued on 10  of June 2005, the person was promoted to the position of
               President of the Bucharest Court on June 1  2001, through CSM Decision no. 154
                                                              st
               / 22.05.2001.


               Art. 106 par. 1 Civil Procedure Code states that:

                "The annulment of a procedural act also entails the nullity of the following acts,
               as they cannot have a stand-alone existence."


               So, the acts performed by the magistrates who made subsequent judgments after
               the replacement of the  magistrate Negru Cristina, who does not have the
               competence required by the law, cannot have a stand-alone existence, these being
               null and void.

               6. The legal  acts  and the operations carried  out by the liquidators of «Asset
               Reconversion and Valuation» / “Moore Stephens RVA” over the International
               Bank of Religions were therefore committed on the basis of a legally null ruling
               because, as it has been shown, on a non-existent petition for a non-invested court,
               by an non-invested or incompetent court, by an incompetent judge, by a minute
               drawn up in violation of the legal provisions.


               Even if in a school hypothesis, the validity of the Sentence no. 4461/2000 is
               accepted, the following should be taken into consideration:




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