Motion

This civil contempt petition, filed on February 11, 2025, is the second of two coordinated filings through which Lisa, S.A. opens the dividend recovery phase in Proceeding No. 556-99. While the return petition filed the previous day established the legal obligation to restore the funds, this motion targets the depositary's conduct directly by invoking the Judicial Code's sanctions regime.

Factual Basis

Lisa, S.A. states that Juan Luis Bosch Gutiérrez, through a note recorded at folio 2163 of the case file, constituted himself as judicial depositary of the dividends retained from Lisa, S.A. on November 25, 2008. Since that date, Bosch Gutiérrez has not appeared before the court to render accounts, has submitted no report on his tenure as depositary, and has not communicated the status of the funds he declared at the court's disposal. Lisa, S.A. asserts that this prolonged omission over more than sixteen years constitutes one of the grounds for civil contempt under Panamanian procedural law.

Legal Basis

• Article 1932(8) of the Judicial Code — Defines as guilty of civil contempt those who, when required to return or deliver items deposited or entrusted by a court to depositaries and other auxiliaries of the administration of justice, fail to restore or deliver the required item within the term set by law or by the court.

Relief Sought

• That the Eleventh Circuit Civil Court declare Juan Luis Bosch Gutiérrez in civil contempt for breaching his obligations as judicial depositary of dividends belonging to Lisa, S.A.

Signatories

• Lcda. María Luisa Villarreal Palacios, judicial representative of Lisa, S.A.