The Odesa Commercial Court continues to consider high-profile case No. 916/2951/23 dated 12.07.2023 on the claim of Dinare LLC (Director S.V. Durach) to claim real estate worth UAH 42 million from the ownership of the CZI NGO. Judge Svitlana Zhelezna conducts the case.
The essence of the lawsuit is as follows: in 2017, "Dinare" LLC sold the corporate rights of the production and trading company "Galatea" to "CZI". Director of "Dinare" LLC Serhii Durach claims that the buyer did not pay the value of the corporate rights, which is why they must be returned to the ownership of "Dinare" LLC.
Having studied the documents submitted by the parties, it was possible to establish the following facts:
— in the six years that have passed since 2017, "Dinare" LLC has never claimed that the buyer has failed to fulfill its obligations;
— Serhii Durach owns only 1% of the authorized capital of Dinare LLC, 98% belongs to the American corporation "ANB";
- Serhiy Durach submitted documents to the court confirming that he is the owner and director of "ANB".
In turn, the American corporation "ANB" appealed to the court with a counterclaim and documents. She claims that:
— Serhiy Durach was never the owner of "ANB" and submitted fictitious ownership documents to the court;
— he became the director of "ANB" only in August 2022 as a result of submitting "fictitious" documents to the American registrar. Three months later, this registration was canceled and since then he is no longer a director of "ANB";
— On November 7, 2023, a general meeting of Dinare LLC was held, at which Durach was removed from the position of director.
However, already on November 11, 2023, the state registrar of the Legal Department of the Odesa City Council Yu. V. Chernenko canceled the registration in the state register of the decision of the general meeting "Dinare" dated November 7.11.2023, 24. Then, on November 2023, XNUMX, Poltava notary V. A. Moskovets registered the contract for the sale of the share of "ANB" in "Dinari" LLC to N. S. Suslov.
According to the representatives of "ANB", in this way, a "raider seizure" of ANB's share in "Dinari" LLC and a raider seizure of "Dinare" LLC itself was carried out, since the state registrar and the Poltava notary had no legal rights to perform the specified registration actions. .
This position of the corporation is that the legislation clearly establishes the boundaries of the territory on which the state registrar has the right to conduct registration actions in the UDR, as well as the list of documents that must be submitted for registration actions;
EVENTS IN THE COURT
On December 26, 2023, judge Svitlana Zhelezna made a decision to end the preparatory proceedings and move on to considering the merits of the lawsuit.
At the meeting, she rejected several motions at once, which would have contributed to an impartial consideration of the case. In particular, the company "ANB" submitted a statement of desire to enter the case as a third party, but the court rejected this request.
Also, the NGO "CZI" filed a motion to suspend the consideration of the lawsuit pending the consideration by the Ministry of Justice of the complaint against the registration actions of registrar Yu. Chernenko and notary V. Moskivets. The judge rejected this request as well.
In addition, the NGO "CZI" submitted several requests to add additional documents to the case file and to send requests for receiving documents. And this request was refused.
It should be noted that the court fee in the amount of 600 hryvnias was not paid from the account of "Dinare" LLC, but was paid in cash by S. Durach. Judge S. Zhelezna did not consider it necessary to draw attention to this violation of the Law of Ukraine "On Court Fees".
"Durach submitted "fake" documents to the court, but judge Zhelezna did not give "CZI" time to gather evidence and refute the fraudulent documents. Our arguments were not heard," Yulia Sablina, the lawyer of TZI, commented on the situation.
We will remind that on February 23, 2022, in case No. 916/2766/21, the court recognized as illegal the fraudulent protocol of the general meeting of "Tszi" fabricated by Durach;
On December 28, 2021, the Ministry of Justice of Ukraine adopted Order 4677/5, which canceled the registration actions regarding the seizure of the corporate rights of Basari LLC and Kompromis SE.
The history with documents and rights to the enterprise is indeed very complicated. And from the haste of the judge of the Odesa Commercial Court Zheleznaya, who wants to finish the preparatory proceedings in this case as soon as possible, she becomes even more suspicious.
To be continued…
