A Dutch company Gasa Group Holland B.V. (major flower supplier) has applied to court in order to arrest the funds on the bank accounts of LLC Teplichniy Kombinat, formerly a company within a group of companies Belaya Dacha, reads the definition of the arbitrary court of the Moscow region.
The application for the provisional measures was directed by the foreign company within the legal action of debt in the amount of 596 thousand Euro for the delivered flowers. The company also requested in the application that the respondent is denied the assignment of claims (disposal of debtor indebtedness) on agreements with the third parties as well as the right to conclude agreements on replacing a contract party with the above parties.
The regional court has rejected the claim. “The applicant has not provided proof that failure to take interlocutory injunction may hinder or
frustrate enforcement of a prospective judgement or cause significant damage to the applicant”, noted the court. No evidence has been provided in proof of the fact that LLC Teplichniy Kombinat or other parties are committing or planning to commit unlawful actions in relation to the disputed property.
According to the applicant, the respondent has taken a number of interrelated measures on withdrawing most valuable assets in favour of its affiliates. That, as the applicant supposes, creates a significant risk of failure to enforce future court decision, unless the remaining assets are preserved.
In particular, at the moment of the application submission, the respondent possessed two land plots on the basis of right of ownership of the value of 1.471 million Euro (approximately 61% of its assets). However, further these land plots were pledged to Ms. Viktoria Semyonova, the only participant of LLC and a spouse of Mr. Victor Semyonov, the Head of Belaya Dacha holding. Moreover, in this case the respondent is represented by the Head of the legal service of JSC Belaya Dacha, which, according to the applicant, point to the fact that the group in question are affiliated.
The application reads that the respondent handed over the land plots on January 25 as contribution to the charter capital of another affiliate, related to the respondent's founder, Mr. Roman Kharchenko, LLC Kharchenko Flower Company (KFC). It is also mentioned in the application definition that on March 27 the respondent acquired 99.98% of the KFC charter capital. Further, the 99.98% were handed over to Mr. Kharchenko, who at the moment is the only participant of LLC Teplichniy Kombinat.
Mr. Semyonov earlier informed mass media that the foreign company was not able to provide a single document, proving the debt. According to the Head of LLC Teplichniy kombinat Ms. Galina Belskaya, after the change of owner no debt to the applicant was found in the accounting books of the respondent.
The court has commissioned a graphology expertise in order to assess the authenticity of signatures in the documents. The applicant party are hoping that the results of the expertise will not be tempered with.