Zhongshan Court: preservation solution before the lawsuit 700 thousand pounds of orange efficient realization


On March 14, 2022, the People’s Court of Zhongshan County successfully sold and disposed about 700,000 jin of mandarin oranges at 1.9 YUAN per jin according to the preservation application of the litigant. It only took 7 days from preservation application to successful liquidation, effectively safeguarding the legitimate rights and interests of the applicant, and the fast, efficient and convenient working mode was well received by the litigant.In the case of loan contract dispute between a bank in Guangxi and an Ecological Agriculture Co., LTD., Lin and Wu, the applicant of a bank in Guangxi applied to the court for pre-lawsuit property preservation.Request to preserve the bank deposits, movable and immovable property under the name of the respondent Zhong Shan some ecological agriculture Co., LTD., Lin and Wu Mou Yun and the orchard management right under the name of Zhong Shan some ecological agriculture Co., LTD., Located in Sihe Village, Tongguzhen Town, Zhong Shan County, with a limit of 9.5 million yuan, the applicant issued a letter of guarantee to the court as a guarantee.After receiving the application for property preservation before an action, performed in a timely manner to understand the case, a judge to review material preservation before an action, review the situation on the spot, found zhong an ecological agriculture co., LTD., bank account no deposit for preservation, but the company is located in zhong shan county within the orchard with mixture of ancient village still has about 700000 jins of mandarin for preservation.In addition to borrowing from a bank in Guangxi, the company also has other debts (including private loans and rents owed by local villagers contracted to operate the orchard), and some creditors want to sell mandarin oranges in the orchard to repay the debts.In order to safeguard the legitimate rights and interests of the parties, Zhongshan Court attaches great importance to the preservation case before litigation, and quickly preserves the property involved and makes a disposal plan.Given the seizure of preservation walter spinosa belong to fresh, perishable agricultural products, after comprehensive consideration, the judge decided to sell the disposal in time, and in 2022 the involved in zhong shan court on March 14, mandarin for bidding auction, county people’s procuratorate, public notaries, smoke fruit do, with bamboo village town government seat and snap the peace of the people’s congress, was invited to the whole supervision of bidding process,Ensure that the process is fair, open and fair.A total of seven bidders bid on the day, and the final price of 1.9 yuan per jin.The whole process of property preservation is one of the important litigation rights enjoyed by the parties under the provisions of the Civil Procedure Law. The preservation before litigation can effectively prevent the obligor from transferring and concealing its property.The Zhongshan Court is urgent to the masses, and efficiently completes the preservation of sealing and selling disposal, effectively maintains the legitimate rights and interests of the parties, and strives to make the people’s sense of judicial gain, happiness and security more real with practical actions.

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