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A firm from Irkutsk is driving Novosibirsk ‘Dormash’ to bankruptcy the fourth time in a year
A firm from Irkutsk is driving Novosibirsk ‘Dormash’ to bankruptcy the fourth time in a year
The arbitration tribunal of the Novosibirsk Region received another claim from PromStroySvyazAlliance (PSSA) LLC, demanding that the construction industry plant located in Novosibirsk (TIN 5404064746) should be declared insolvent. An enterprise that produces metal structures and other construction products finds itself in the role of a defendant in the case against company from Irkutsk for the fourth time.
Last February, the PSSA company won a claim for over 12 million rubles. It managed to obtain a court decision on the collection of both the principal debt (more than 6.2 million rubles) and a large penalty (5.837 million). However, judging by the next attempt to initiate the insolvency process of the former counterparty, the money was never received.
There is a feeling that the plaintiff company deliberately submits claims, violating procedural requirements, which results in the refusal of the arbitration court to accept the case for consideration. The version that the applications to the court are sent by a lawyer who does not know the norms of procedural legislation is not considered in this case.
On March 19, 2021, PSSA made a decision to collect the debt directly from the CEO of plant Olga Zarzhetskaya, bringing her to subsidiary liability. At the same time, neither the publication notifying the intention to bankrupt the head of the enterprise, nor evidence of the delivery of the application to the debtor was attached to the case. Only in September the necessary documents were sent to the court. At the same time, the attached notice was dated August 11, which means that the right to apply to the court with it arose no earlier than on 27th of August. As a result, the court returned the application to the plaintiff.
Another appeal of the PSSA company was dated October 4, 2021.
The application was submitted through the ‘My Arbiter’ system and was sent directly to the plant. This time, the arbitration court again had to remind the plaintiff that the information published in the Unified Federal Register of Bankruptcy Information about the intention to go to court will lose legal force. Given that the publication was dated August 11, the application was again returned to the plaintiff.
It is not yet clear whether the Irkutsk company will succeed in initiating the bankruptcy of Dormash this time. However, judging by the file of arbitration cases, a bankruptcy claim against the plant was also filed by the Federal Tax Service. Tax authorities filed a lawsuit on May 4, 2021. In June, the court accepted the application for consideration, but the hearings were periodically postponed. This time, the next court session is scheduled for November 22. And if Dormash does not have time to cover the debt to the treasury, creditors may have a unique chance to initiate bankruptcy.
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