Justice sends bank return R $ 67 million for HiOf this amount, R$ 20,83 million would have been unduly withheld by the bank of Hi Mobile.
Judge Fernando Viana, responsible for judicial recovery process Hi, He decided on Wednesday, 20, the Banco do Nordeste do Brazil (BNB) must return R $ 67,7 million to tele.
Of this amount, R$ 20,83 million would have been unduly withheld by the bank of Hi Mobile and other R $ 46,87 million rescued a CBD (bankary deposit receipt), also on behalf of subsidiary.
O Broadcast, news real-time service of the State Group, He anticipated that the operator had appealed to the court against the BNB.
The magistrate ruled that the return should take place within 24 hours after notification, under penalty of a daily fine of R $ 1 million. Wanted, BNB was not positioned to the closing of this report.
The penalty is valid for the retention of R $ 20,83 million and for the redemption of R $ 46,87 millions. That is, in case of noncompliance, the daily fine goes to R $ 2 millions. It was also decided that should not be made new retentions.
BNB have $ 127 million receivable from the company. The operator has filed an application for judicial recovery 20 of June. The next day, He achieved the suspension of actions and executions 180 days. The imbroglio happened soon after.
Subsidiaries Hi Mobile and Telemar, also in bankruptcy, They have contracts with the BNB. no day 23, the institution had initially withheld R $ 3,8 millions, relating to payments of invoices by the customers of the companies in 20 e 21 of June. The funds should have been deposited, which did not occur.
The Hi requested amount withheld, but the release did not take place and were even made new retentions, R $ 20,83 millions. In 21 of June, BNB advance rescued the CBD of R $ 46,8 millions.
The prosecutor stood in favor of the bank, on the grounds that the BNB's loan would be guaranteed by fiduciary assignment, mechanism that is not subject to bankruptcy.
The judge, in turn, He understood that the actions of the BNB were improper. Viana said that the contract at issue there is no trust business.