The Arbitration Court of Moscow on Wednesday, February 27, rejected the claim of Otkrytie FC to its former security director Sergei Babkin for 30 million rubles. About this “Vedomosti” told lawyer “Klishin and partners” Dmitry Palubin, who defended Babkin, and confirmed the representative of the bank.
FC Otkritie demanded that the premium paid to Babkin be returned shortly before the Central Bank took the bank to reorganization in August 2017. FC Otkritie found the payments unjustified, as Babkin and other top managers received them when the bank was already “in pre-bankruptcy state ”, the representative of FC Otkritie told earlier.
In court, a representative of the bank said that the premium paid to Babkin following the results of the first half of 2017 caused damage to Otkritie FC, was aimed at withdrawing assets, had no economic justification, and was also a transaction with a preference over bank creditors, transferred on Wednesday RIA Novosti correspondent. The payment of premiums for the first half of the year was atypical for the bank, in previous years, bonuses were paid for the year and the amount of remuneration was less, the representative of FC Otkrytie noted at the meeting. At the same time, the temporary administration introduced into the bank revealed an unlawful lack of reserves for 400 billion rubles, he noted.
The representative of Babkin did not recognize the claim. According to him, according to reports, the activities of the bank following the results of the first half of the year were profitable and Babkin could not know the true state of affairs, as he was involved in security issues, his representative at the court said. According to him, Babkin participated in the events on the acquisition by the bank of the Rosgosstrakh group and for this he won the prize.
The bank does not agree with the decision of the court to refuse the claims and will defend its position in the higher courts, the representative of FC Otkritie told Vedomosti.
The bank filed a lawsuit against Babkin at the end of August last year. At the same time, he filed similar claims against eight more former top managers: senior vice president Nikolai Yarovoy, vice presidents Maksim Yanpolsky and Gennady Zhuzhlev, board member Elena Budnik, and top managers Tatyana Serebrennikova, Alexander Tarabrin, Konstantin Chigirev and Anton Sbytovu. The total amount of claims was 358 million rubles. (without taking into account the requirements for Elena Budnik, their amount was not disclosed). In mid-October, Serebrennikova concluded a settlement agreement with the bank and pledged to return the 43.5 million rubles paid. award. Disputes with the rest of the top managers continue.
Total ex-managers and members of the Board of Directors of FC Otkritie paid themselves shortly before its reorganization 1.41 billion rubles. of bonuses, said bank chairman Mikhail Zadornov in September.