Background

A bank filed a case against a company and two defendants requesting that the court order them to pay an amount of money plus legal interest. The bank stated that the company had received a loan guaranteed by the defendants but failed to pay it back. The bank also filed two cases requesting that the court validate a legal reservation on the assets of the company.

The court ruled that the defendants pay the bank 79237.919 Dinars and validated the legal reservation.

The insolvency practitioner of the company and the bank appealed and the appeal court abandoned the ruling.

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had erred in the application of law as it had filed a case against the company and thus the liquidation of the company should not have affected its position as defendant.