OMSK CONSTRUCTION COMPANY WAS DECLARED INSOLVENT

A construction company from Omsk, which had been working since the fall of 2007, was declared bankrupt (case No. 46-21431/2022). The process was initiated at the request of Elena Zadorozhnaya, who demanded more than 1.13 million rubles from the company. The arbitration entrusted the bankruptcy management to Ekaterina Mayorova, representing the Union of AU "Creation". She also served as interim manager during the observation phase, which lasted from April 3 to July 3, 2023.

As follows from the case materials, the grounds for bankruptcy were the decisions of the courts of general jurisdiction, which began to consider the lawsuit of a citizen with an organization in 2021. In February 2021, the Oktyabrsky District Court of Omsk issued its verdict (case No. 2-4/2021).

On March 22, 2017, Zadorozhnaya signed a preliminary contract for the purchase and sale of real estate with the Regional Construction Management-35 (RSU-35). After the refusal of the organization to conclude the main contract, the citizen appealed to the court. She demanded to collect a penalty, moral damage and a fine in connection with the violation of the term of the main contract.

RSU-35 also filed a counterclaim, demanding to recover from the Roadside debt not paid under the preliminary agreement. The court refused both requests to the parties to the conflict. However, after appealing to the Omsk Regional Court, the woman managed to recover a penalty from the defendant (the ruling of the judicial board for civil cases dated December 16, 2021). RSU-35 was ordered to pay more than 128 thousand for using other people's money from October 2018 to August 2020.

However, this lawsuit between an individual and a construction company was not the only one (case No. 2-2015/2021). According to the decision of the Pervomaisky district Court, the woman managed to recover from the RSU-35 the cost of the room (630 thousand), the cost of its repair (about 70 thousand), the difference in the value of real estate under a preliminary agreement and the market value (230 thousand), interest for almost 1.5 years (from August 2020 to December 2021) and state duty (3 thousand). The court decision was later upheld by the appellate (April 6, 2022) and cassation (December 24, 2021) instances.

Bailiffs (OSP for CAO No. 1 Omsk) provided a certificate to the court that the debt of the organization to Zadorozhnaya amounted to over 1.1 million rubles. Taking into account the existence of a court decision with a prejudicial value, the arbitration initially took the RSU-35 under supervision, and then declared the organization bankrupt. The next court hearing is scheduled for December 18.

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