06/02/2019

The Court recovered 927.3 million rubles" from the Ugra developer in favor of "Surgutneftegazbank

The Review of Sergei Soldatenko to "Kommersant-Ural".

JSC "Surgutneftegasbank" pled to a cort to recover 927,3 RUB million from OOO "Trest zapsibgidrostroi" (Surgut, Hantymansiysky rigion). After consideration of the complaint of the defendant by the Eighth arbitration appeal court authority, the decision came into force. "Trust Zapsibgidrostroy" positions itself as the leading Russian enterprise in the field of construction of hydraulic engineering and transport facilities/ The company is the legal successor of the trust "Zapsibgidrostroy", which has been formed in 1977.

According to the case file, the dispute is related to seven loan agreements concluded between the Bank and the company in 2016-2017. "Trust Zapsibgidrostroy" had to return the money until June 2018. However, the construction company did not fulfill its obligations, after which "Surgutneftegazbank" filed a lawsuit in court.

With it in October, last year, the arbitration court arrested the money available in the accounts of the defendant and also the debtor's property as there was a need in a measure of securing the claim.

During the court proceedings it became clear that "zsgs Trust" provided the same facilities to "Surgutneftegazbank" and Sberbank l for loans, without noticing the Surgut Bank.

In judicial practice, actions to reduce collateral, transfer it to a subsequent pledge without notifying the original pledgee are assessed as unfair actions, notes Sergey Soldatenko, partner of the Pavlova and Partners law office.

"But it will be quite difficult to recover such funds, because Sberbank has nitiated bankruptcy proceedings against the defendant. Despite of the fact that part of the debt is secured by a pledge, but there are two subsequent pledges, which will complicate the already difficult situation of Surgutneftegazbank, " he said.

Source: https://www.kommersant.ru/doc/3874930

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Ирина Кошечкина

Юрист