“Don-Plaza” thinks, that a deal of sale a stake of Igor Gorin was legal, while as a bank claims to recognize another.
‘Don-Plaza” wants to agree to the voluntary settlement with “MTS - Bank” according with legal actions to owner of hotel Igor Gorin.
Bank claims to annulment a deal of sale of a 67% stake Gorin in “FERETTI” (this company owns 44.5% of the authorized capital in “MCC-RosEvroDevelopment”. It is the operator of the project to build a five-star hotel “Hyatt Regency Rostov Don-Plaza”) to juridical person of the hotel under construction. "MTS-Bank" believes that the deal was illegal, since at that time Igor Gorin's property was arrested as security for two claims to recover credit debts from the entrepreneur and affiliated companies ("Don-Plaza", " Intourist in Rostov-on-Don ", etc.). The lawsuit was published in the file of the Arbitration Court of the Rostov Region.
The head of private law National Law Company “Mitra” Konstantin Serdyukov during conversation with “Expert South” expressed an opinion that “MTS – Bank” should resolve some problems for proving its point of view.
The wording “seizure of cash and other property” is very vague and part 3 of Article 140 of the CCP RF requires that the measures for securing the claim be commensurate with the claim claimed by the plaintiff, - Konstantin Serdyukov believes. In such conditions, the discussed argument of the bank will "work" only if the court directly mentioned the disputable stake in the number of property that is being seized. Taking into account that information was included in the Unified State Register of Legal Entities on the acquisition of the disputed stake by Anna Agrest, it can be assumed that the entrepreneur's property in the form of a stake in “Fretty” was not seized.
Material was taken from media-site "Expert South"
