The appeal confirmed the recovery of 20 billion rubles from the guarantors of the company Potok

The appeal confirmed the recovery of 20 billion rubles from the guarantors of the company Potok


EMSP company asked to collect from five companies-guarantors of the company Potok, founded by Sergey Polonsky, the debt under the loan agreement dated 15 March 2012 with repayment term in April 2013.

MOSCOW, 20 Oct. Ninth arbitration appeal court on Tuesday upheld the decision of subordinate arbitration, which recovered from five of the companies-guarantors of the company Potok (former Mirax), founded by businessman Sergei Polonsky, about 20 billion rubles in favor of the Dutch company Emerging Markets Structured Product (EMSP), the information on the website of the court.

The Moscow arbitration court in July has completely satisfied the claim of the EMSP. In particular, the court ordered the principal debt in the amount of 14.5 billion rubles and interest. Respondents under the claim are “Plant Filikrovlya”, LLC “RR-invest”, LLC “New industry”, CJSC “kostanski-13” and LLC “Iindustry” owning development projects in Moscow.

The company EMSP asked to recover from the defendants jointly and severally payable under the loan agreement dated 15 March 2012 with repayment term in April 2013. The defendants ‘ counterclaims to invalidate the suretyship contract, the court rejected. According to media reports, EMSP acts in the interests of the company “Sberbank CIB” (based on “Troika Dialog”).

The decision of arbitration of Moscow has entered into force after the court of appeal on Tuesday rejected an appeal against him by the defendants.

The court earlier rejected the appeal of Polonsky on bringing him into the process as a third person. His request is a businessman motivated by the fact that the Treaty of 15 March 2012 provided by the agreement on safeguards concluded between EMSP, Polonsky and CJSC “Troika-Dialog”. The claim will lead to the presentation of recourse requirements to Polonsky, controlling shareholders of the companies-guarantors.

Polonsky, founder of a large real estate development company Potok, in June 2012, has moved away from operational management of the company. In October 2012, Potok said that the businessman Alexey Alyakin have concluded a preliminary agreement to buy 100% stake in the company. However, in February 2013 Polonsky, who was then in prison in Cambodia, sent an order to dismiss Alakina from all posts in Potok. In may 2015 the authorities of Cambodia, where Polonsky was hiding from Russian justice, gave it to the Russian Federation. Currently he is being detained in Moscow and accused of fraud in case of theft 5.7 billion rubles from co-investors project “Kutuzovskaya mile”.