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Exp. 01161-2018-00312

Filed 2018Last activity Mar 20 2024

Ordinary Proceeding

BDT Investments Inc.'s intervention in support of the defendant in ordinary proceeding 01161-2018-00312

Plaintiff
  • Administradora de Restaurantes, S.A.
Defendant
  • Lisa, S.A.
  • BDT Investments Inc.

Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity, filed an ordinary civil action against Lisa, S.A. before Guatemala's Eleventh Civil Court of First Instance (Case No. 01161-2018-00312). BDT Investments Inc. petitioned for admission as a third-party co-litigant (tercero coadyuvante) on the defendant's side, demonstrating its own and certain interest through clause three of a transaction agreement executed between the parties. In its of March 20, 2024, the court admitted BDT as third-party co-litigant, formally incorporating it into Lisa's defense.

Outlook

In March 2024, the Eleventh Civil Court of First Instance admitted BDT Investments Inc. as a third-party intervenor in support of the defendant, finding from the settlement it filed that it had an actual interest of its own. The published documents show no later step and do not show the stage of the ordinary proceeding.

Analysis

I. Intervention of BDT Investments Inc. as Third-Party Co-Litigant

In its of March 20, 2024, Guatemala's Eleventh Civil Court of First Instance admitted BDT Investments Inc. as a third-party co-litigant (tercero coadyuvante) in support of Lisa, S.A. in the ordinary proceeding brought by Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity. The court examined the transaction agreement submitted by BDT and determined that clause three of the instrument establishes BDT's own and certain interest in the outcome of the proceeding. The court also recognized the representative's legal capacity and noted the professional assistance retained and the electronic notification address designated.

BDT's admission strengthens Lisa, S.A.'s position by ensuring that its aligned shareholder interests are formally represented in the proceeding.

Documents

1
DocumentDate
Mar 20 2024