Ninth arbitration appeal court of Moscow on Wednesday, February 3rd, completely cancelled the decision of Arbitration court of Moscow on collecting from Alfa-Bank 6 billion rubles on the suit of OOO Stroynovatsiya, part of the Summa group of Ziyavudin Magomedov. This is stated in the press service of Alfa-Bank on the inquiry . The Bank is satisfied with the decision of the court, added the press service.
The representative Stroynovatsiya said the company will appeal the decision of the appellate court.
As written, the decision to pay Alfa-Bank RUR 6 billion. Stroynovatsiya the Moscow Arbitration court adopted on 4 October.
In 2011, Alfa-Bank issued Stroynovatsiya Bank guarantee by 14.2 billion rubles in securing contracts with Roszheldora for the construction of the first section of the railway line Kyzyl (Tuva) — Kuragino (Krasnoyarsk territory) at a cost of 44.3 billion rubles., However, Yenisei industrial company (EPK), which was to Finance the construction of the second section of the railway is in serious financial difficulty. The project arose and the government decided to Fund the first stretch of road is impractical.
In early 2013 the Federal state unitary enterprise “unified customer group” of Roszheldor sent Stroynovatsiya a letter of notice of termination of the contract and request return of the advance is slightly more than 5 billion rubles. the Company filed a counterclaim and demanded to recover from the customer more than 6 billion rubles, including 3.9 billion rubles for the work performed and 2.2 billion rubles loss of profits.
The court dismissed the claims of Roszheldor to refund, as it became clear that the Agency has already received money from Alfa Bank, which has transferred to the customer 5 bn in Bank guarantees. However, the Arbitration was upheld by the Stroynovatsiya on payment of RUB 3.9 billion for work performed, but the money the company received. In July 2015 in the “Single customer service” has been entered supervision procedure, the requirements Stroynovatsiya included in the third turn of requirements of creditors.
Alfa-Bank, in turn, demanded Stroynovatsiya to compensate 5 billion rubles, paid Roszheldora. The company returned the money, but in March 2015 applied to the court to the Bank to 6,08 billion rubles, the Court has satisfied requirements Stroynovatsiya partially: payment Roszheldora funding under the guarantee was recognized as an abuse of rights, but the Bank was charged with unjust enrichment at 5.05 billion rubles., 540,3 mln. percent and a loss of $ 495 million rubles.