Moscow. December 16. Former General Director of group “Neftetransservis” (NTS) Alexander tertychnyy asks to prosecute the current head of the company and its co-owner.
“December 7th, I filed in the Department of internal Affairs of Moscow in Zamoskvorechye district a statement of the Commission concerning my wrongful actions by General Director UK “NTS” Artem Polyakov and shareholder of the company Alexey Lichtenfeld,” – said the ex-CEO of the rail operator. He explained that he had asked to bring them to criminal responsibility.
Earlier, the entrepreneur stated that in late October, has sold 10% in the “Neftetransservice” businessman Alexander Kurt, former owner of holding “Russian oils”. Then, in early November, it became known that the company “Management company “Neftetransservis” (NTS) has submitted to Arbitration court of Moscow the claim to Tertychnyy “recover damages,” almost of 204.8 million rubles For preliminary hearing it was noted that the action relates to the conclusion of the former top-Manager of contracts on rent of wagons, prisoners in 2011.
Such contracts are in fact from 2013 initiated under the claim of the parent company is NTS – NTS Holding Ltd (NTSH) to its 100% subsidiary JSC “Neftetransservis” (tertychnyy it was the representative of the management company) and open company “Rail1520”. NTSH then appealed to the Moscow Arbitration court, demanding to recognise as void transactions, registration of contracts of lease dated 18 November and 13 December 2011 and oblige CJSC “NTS” taken to return the rental cars. The cost of the first transaction was $ 876 million rubles, the second – 4,526 billion.
“Addressing the court, the plaintiff stated that the disputed transactions are interrelated, the total cost of the leased property exceeds 25% of book value of assets, the approval by the Board of Directors was not made, and the price of rent does not correspond to current market prices that is detrimental to the tenant”, – is spoken in court definition. However, the arbitration has refused satisfaction of the claim.
The court pointed to the absence of reason to believe the transactions are interrelated, since they can exist separately, are subject to different property, contracts concluded in the normal course of business, “which in itself excludes the possibility that the transaction be large”. The plaintiff in this case could not confirm that the contracts had a negative impact on the financial situation of the JSC, led to a change in the value of assets and adversely affected the property rights of shareholders, causing them losses, worsening their legal status. The court also doubted that the invalidation of the transaction will restore the rights and interests of NTS Holding.
NTSH appealed this decision in the Ninth arbitration appeal court, pointing to the invalidity of the findings of the court of first instance that the contracts are not interrelated, and their conclusion was committed in the course of ordinary economic activity of JSC “STC” and did not cause damages or “other adverse effects” NTSH. The appeal sided with the plaintiff. Also, the database of arbitration cases of the “Electronic justice” appears another lawsuit UK NTS to Tertychnyy, filed in Arbitration court of the Moscow “about collecting of losses in 27,662 million rubles”.
In an interview with the former head of HMRC has said that he has no conflict with the other owners of the group (67,5% NTSH owned by brothers Vyacheslav and Vadim Amine, 22,5% – to Alexey Lichtenfeld). “Just a change of direction, both through the arrow switches to each train went on down the road”, he said then. “The task was to secede from the shareholders, to be free and already look the part on potential business segments that I can be interesting for development”, – said the businessman.
Tertychnyy worked in “Neftetransservice” for almost 10 years (eight of which led the company). In an interview he said he was leaving HMRC he decided in the summer. Before that, in February, the businessman withdrew from the operational management of the company.
“Neftetransservis” is engaged in cargo transportation by rail by focusing on the transportation of oil and oil products iron and manganese ore, ferrous metals, coal and construction materials in Russia and Kazakhstan. In the management of the NTS more than 56 thousand tank cars and gondola cars, as well as 53 of the locomotive.