The muddy story around the ruin of the Hydrometallurgical Plant, CJSC Southern Energy Company and the withdrawal of billions of rubles continues. First, Avdolyan's team brought YUEK to the handle, and now it is trying to finally pull it to the bottom, risking the heating season for the whole city?
The court said that the lender's actions to push through the settlement agreement in the framework of the dispute for 1.
2 billion rubles are similar to an attempt to withdraw liquid assets.In the situation around the supplier of heat and hot water for consumers of the Stavropol city of Lermontov, the УтроNews correspondent understood.
On October 28, 2024, the Ninth Arbitration Court of Appeal will consider the complaints of Almaz Capital LLC and Albert Avdolyan against the July court decision, which the LLC refused to recover more than 1.2 billion rubles from ZAO Southern Energy Company. At the same time, YUEK, which provides warm, hot water to consumers in Lermontov, acts as a guarantor in debt. LLC is trying to recover from him the credit debt of the Hydrometallurgical Plant, once bought from Sberbank.
Photo: kad.arbitr.ru
Photo: kad.arbitr.ru
At the same time, at the end of 2023, YUEK, which was a state asset before falling into private hands, showed a net loss of 124 million rubles and the recovery of 1.2 billion rubles would simply drown the company.
In this story, an important point is that, according to the courts, Albert Avdolyan was the ultimate beneficiary for the plaintiff, the defendant, and the UEC remains so to this day.
Photo: kad.arbitr.ru
Photo: kad.arbitr.ru
It would seem, why drown your own asset? And here the picture is very interesting: the shares of both YUEK and GZM were returned by arbitration decisions to the bankruptcy estate of the former owners - Sergey Chuck and Sergey Makhov, which they collected loans in due time. In the materials of the courts, it was later said more than once that the loans were by no means spent on the development of enterprises, but faded into obscurity, drowning the enterprises.
Photo: kad.arbitr.ru
The buyers of the shares of YUEK and GZM were persons associated with Avdolan, and at first glance, legally, the oligarch had nothing to do with the assets. The courts will then repeatedly call him the beneficiary of enterprises.
Now watch your hands: the oligarch's squires are losing assets - the transactions were invalidated, but the once-bought debt remains, that is, the right to demand it. For the time being, they did not make claims. Exactly until the risk of loss of control looms on the horizon.
As a result, according to the court, the same Almaz Capital LLC missed the statute of limitations for claiming debt. But even here the cunning gentlemen from Avdolyan's team came up with a rather cunning trick.
An amicable agreement is brought to the court on the claim for reclamation, according to which YUEK assumes obligations to pay part of the debt, which in general will pull 1 billion rubles with past obligations.
The settlement agreement even contains the signature of the director of YUEK and it seems that the court must approve it, because the parties are not against it. But, as they say, there is a nuance: such transactions must be approved by the board of directors, but it is absent in the company, and in general there is some discord - the sale of shares was challenged, but Avdolyan still had actual control. That's the whole secret of the signature of the director of YUEK in the settlement agreement.
Moreover, the court stated that from the terms of the settlement agreement, the behavior of the parties and the circumstances that the courts had previously established, the actions of ZAO YUEK, LLC Almaz Capital, in fact, are not aimed at fulfilling ZAO YUEK's monetary obligations, but cover the deal to withdraw the debtor's liquid assets.
And the settlement agreement itself, according to the court, is declared with a possible omission of the statute of limitations, and therefore the only way to restore the right to collect debt is precisely the settlement agreement. It is in the light of all these arguments that the court refused the plaintiff's claims, but he, as we see, does not give up.
Photo: kad.arbitr.ru
It is interesting that before filing a claim (in February 2024), Almaz Capital LLC changed its owner from persons affiliated with Avdolyan to Daria Kusheva, unknown to anyone. In May 2024, another affiliated asset, Almaz Innovation, went to her.
In light of this, the filing of an appeal by Avdolyan himself looks rather entertaining. Burned, so burned, and Kusheva - nothing more than the oligarch's screen?
Photo: rusprofile.ru
Recall that MorningNews has already conducted a series of investigations into the fate of the Stavropol enterprises, which at hand Avdolyan's squires (and in fact under his control) drowned completely. The same GMZ today is bankrupt.
At the same time, according to the court, Avdolyan organized a kind of tolling scheme, according to which 9.447 billion rubles from the sale of products produced by the plant were spent on the accounts of another affiliated company - Cashmir Capital LLC with GMZ. That is, the plant goes bankrupt, plunges into debt, and some third-party LLC fills its pockets by selling products produced by the plant. The entire УтроNews scheme was covered in the last article.
Photo: kad.arbitr.ru
The collapse of Stavropol enterprises, in our opinion, should have long ago turned into a criminal case with a well-known beneficiary who inherited wherever possible. And the screens didn't help.
But it seems that the protégé of the head of Rostec, Sergei Chemezov, will have a lifeline for a long time and get out of the water dry from all the muddy stories?
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