MOSCOW--(BUSINESS WIRE)--OJSC “HC “Sibcem” notifies its shareholders of legal proceedings, initiated by the Company against former executives of the Company, who didn’t repay the loan to “Sibirskiy Cement” and its subsidiaries. The amount, which the holding company and its subsidiaries want to recover, is equal to almost 140 million roubles. Andrei Muraviev, Andrei Kirikov and Sergei Khrapunov participate in these proceedings personally or through their subsidiaries.
On 27.04.2011 the Arbitrazh court of Kemerovo oblast recovered from LLC “Sibirskaya promyshlennaya investicionnaya companiya” (LLC “SPIC”) in favor of LLC “Topkinskiy Cement” more than 38,5 mln roubles (LLC “SPIC” was established by Andrei Muraviev, the head of the holding company “Sibirskiy Cement” from 2004 to August 2008, and Andrei Kirikov, a former member of the Board of Directors of OJSC “HC “Sibcem” (a parent company and managing company of LLC “Topkinskiy Cement”)).
However, the holding company faced several difficulties returning the debt. Thus, LLC “SPIC” changed its legal address, and registered in Krasnodar Krai. Then Novokubansky District Bailiffs’ Department of the Russian Federal Bailiff Service of Krasnodar Krai, in the person of a bailiff A. Bochkarev, twice refused to institute enforcement proceeding by the Arbitrazh Court decision. (According to the statement of LLC “Topkinskiy Cement” the Arbitrazh Court of Krasnodar Krai declared the actions of the bailiff A. Bochkarev illegal, and his order to refuse to institute enforcement proceeding – invalid). At the same time LLC “SPIC” appealed to the Arbitrazh Court of Krasnodar Krai with a bankruptcy petition. At this time a monitoring procedure is commenced in relation to LLC “SPIC”. LLC “Topkinskiy Cement” is in the creditor’s register of the debtor.
On 17.08.2010 Central District Court of Kemerovo satisfied the claim of LLC “Topkinskiy Cement” against Sergei Khrapunov, former Vice-President for Economics and Finance in OJSC “HC “Sibcem”, for the recovery of 31,9 mln roubles debt, interest and penalty under loan agreements. Nikulinsky District Court of Moscow additionally recovered from him (for the period from 18.05.10 to 13.04.11) interest in the amount of more than 2,8 mln roubles. The claim for recovery of interest for the period from 14.04.11 to the present day is being prepared.
After the Court Decision the debtor took a series of actions, which were, under the opinion of OJSC “HC “Sibcem”, aimed at avoidance of enforcement of action. However, LLC “Topkinskiy Cement” (a subsidiary of OJSC “HC “Sibcem”) intends to take all legally provided opportunities to recover money from the debtor.
On 19.07.2012 Presninsky District Court of Moscow considered a case on the claim of OJSC “HC “Sibcem” against Andrei Kirikov, a former member of the Board of Directors of OJSC “HC “Sibcem”. The holding company claimed the recovery of the loan in the amount equal to 2 mln USD and loan interest (in total more than 70 mln roubles), which the Respondent obtained from the company in June 2007 without setting the term of the loan. The representative of the Respondent confirmed the receipt of money, but insisted that the funds were transferred to Mr. Kirikov as “expenses of representation” and they were not supposed to be refunded to the Claimant. He also presented a claim for return of money, signed by the Vice-President for Economics and Finance S. Khrapunov, dated 22.02.2008, wherefore declared the omission of the limitation period.
In the result the court didn’t satisfy the claim of the holding company due to the omission of the limitation period. OJSC “HC “Sibcem” now intends to appeal this decision on appeal and because of their doubts about the existence of the abovementioned demand at the time before OJSC “HC “Sibcem” referred to the court, will seek an examination.
OJSC “HC “Sibcem” pursues and will pursue a coherent policy on detection and restriction of all unfair acts, asserting rights and legitimate interests of the Company and its shareholders in all authorities in and outside Russia.