The claim to Lesprombanku
Yesterday a Moscow arbitration court has suspended consideration of the claim of the Moscow inter-regional commercial bank (MMKB) to Lesprombanku and individually - to private enterprise “ Dareks “ on 670,8 million rbl. Under the version of the claimant, Lesprombank guaranteed return of 350 million rbl. of the credit taken “ Dareksom “ and as the borrower has disappeared together with money, should pay for it. In turn Lesprombank asserts that its guarantees have been forged.
on October, 26th, 1993 session of council Lesprombanka has made decision to give out ICHP “ Dareks “ the letter of guarantee for reception of 350 million rbl. of the credit in the Moscow inter-regional commercial bank. According to this letter, the guarantee operated in the event that the credit will be is taken till October, 30th - i.e. within four days. Under the informal information received from employees of bank, it spoke that “ Dareks “ promised to put till October, 30th on the deposit in Lesprombanke 1,5 mlrd rbl. subsequently to take on this money of shares of bank. “ Dareks “ explaining that in this case remains for any time practically without money, asked to guarantee to it the short-term loan in other bank. For the “ guarantee service “ Lesprombank has received from “ Dareksa “ 12 million rbl.
By October, 30th money in Lesprombank and have not come, however, and the credit in this time was not is taken. Lesprombank has counted history with “ Dareksom “ finished, however in April, 1994 to it the claim from MMKB has come, demanding to return it 350 million rbl. of the credit (with percent) which took “ Dareks “ on November, 5th.
as confirms MMKB, to the letter of guarantee from October, 26th “ Dareks “ Has added two more documents, assured by the signature of chairman of the board Lesprombanka Pavel Ratanina - the letter from November, 2nd about prolongation of period of validity of a guarantee till November, 30th and the guarantee of Lesprombanka duplicating it from November, 5th. According to Lesprombanka, an additional guarantee and the guarantee - forgeries, and signatures are forged. According to legal adviser Lesprombanka Yury Kozlova, addition to the letter of guarantee has been directed in All-Russia scientifically - research institute of judicial examinations of Ministry of Justice of Russia which has established that the signature on the letter does not belong g - well to Rataninu though to it and it is similar. G - n Goats also has informed the correspondent that attempts to find firm “ Dareks “ were unsuccessful.
on August, 1st Lesprombank has addressed in Petty-bourgeois interdistrict Office of Public Prosecutor of Moscow with the request to find and make answerable manufacturers of a fake but while the Office of Public Prosecutor has not solved a question on excitation or refusal in criminal case excitation.
At yesterday`s session representative MMKB petitioned for increase in the claim sum to 991 million rbl., i.e. taking into account the percent which have run about one day of session. Lesprombank has submitted the petition for a direction of two disputable documents for examination: the matter is that addition to the letter of guarantee was investigated in a x-copy (as it and has given to respondent MMKB), and the guarantee contract at all did not pass examination as, under the statement of Lesprombanka, to it in time has not been given. The court has satisfied only the second petition and has decided to suspend consideration of the claim before examination end.
will return to a theme after adjudication.
SERGEY - SHERSTENNIKOV