Primera Sala Suprema Corte de Justicia anula sentencia favorecía al Banco Central y lo condena al pago de las costas del proceso

La Primera Sala de la Suprema Corte de Justicia (SCJ) envió a un nuevo juicio una demanda en rescisión de contrato que involucra al Banco Central y apoderó a la Tercera Sala de la Cámara Civil y Comercial de la Corte de Apelación del Distrito Nacional.

Los jueces Justiniano Montero Montero, Vanessa Acosta Peralta y Napoleón R. Estévez Lavandier, anularon la sentencia de la Primera Sala Civil y Comercial de la Corte de Apelación del Distrito Nacional, para hacer derecho, por lo que ordenaron que se ventile nuevamente el proceso.

La Primera Sala Civil y Comercial de la Corte de Apelación del Distrito Nacional había declarado inadmisible la demanda en rescisión de contrato y reparación de daños y perjuicios por prescripción, fallando en favor del banco.

La demanda fue interpuesta por el Consorcio Méndez Junior Méndez Cabral, en contra del Banco Central, en reclamo la entrega de un inmueble de 5 mil metros cuadrados, como dación de pago, por la construcción del tramo uno de la autopista Duarte, en el año 2004.

El Banco Central fue condenado al pago de las costas de procedimiento en favor y provecho de los abogados de los licenciados Jesús Miguel Reynoso, Jorge Graciany Lora Olivares y el doctor Jorge Lora Castillo.

La audiencia será fijará en una nueva fecha para ser ventilada.

El banco se comprometió en el 2004, a requerimiento del Poder Ejecutivo y autorizado por la Junta Monetaria a saldar la deuda de varias contratistas de obras del Estado mediante la dación de pago de terrenos.

El consorcio entregó al Estado, válido e irrevocable recibo de descargo y finiquito legal por valor de RD$38, 805,457.90 por concepto de retenido por garantía de buena ejecución de la obra “construcción Tramo l de la autopista Duarte”, en el 2004, sin embargo, a la fecha no ha sido entregado por el banco.

Sentencia

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