Background

A company filed a case against two companies and a bank requesting that the court order them to announce their bankruptcy. The company then dismissed its case against the bank.

The first company filed a case against the second company and the claimant requesting that the court order them to return disputed cheques.

The court rejected the case made by the claimant and ruled that the claimant should give the first company the disputed cheques.

The claimant appealed and the appeal court held that the elementary court had no mandate to consider the case.

The claimant appealed by cassation.

Decision

Before the cassation court, the claimant argued that the ruling had erred in the application of law and had insufficient evidence of causation as the court had rejected its request based on the case not being a dispute case but a procedural one. The claimant stated that the conditions of its request were met.