Dacheng Successfully Represents Client in Execution of Judgment against an Administrative Agency
Senior partner Pang Zhi from Dacheng’s Shenzhen office recently handled a non-performing asset disposal case for a Wuhan-based economic development and investment (group) company against a Guangzhou-based auto company.
As the dispute arose more than two decades ago and the creditor’s right changed hands several times, it encountered difficulties over which legal theories and laws to apply, the validity of creditor’s right, prescription, and the incapability of primary debtor to meet obligations. The case was thus left unsettled for a long time.
However, the hard nut cracked after Pang stepped in. Pang analyzed relevant facts, adjusted the direction and train of thought over how the case ought to proceed and applied another set of legal theories and laws. By doing this, the above-mentioned issues were solved, obstacles cleared and courts at different levels found in favor of Pang’s client. However, the court’ judgment could not be duly executed due to an administrative agency’s refusal to fulfil its obligations. Later, against the backdrop of an order issued by the General Office of the CPC Central Committee and the General Office of the State Council requiring administrative agencies to fulfill all effective court judgments, the judgment in question was finally executed under the supervision of relevant government departments of two provinces, which prevented the potential loss of huge amounts in state-owned assets.
Pang was praised by his client, who said that the result was a success beyond expectation.