. Prominent businessman Konstantin Ponomarev, received notoriety after won in court from IKEA unprecedented payments in the amount of 25 billion rubles, managed in a similar way to recover in arbitration about half a billion rubles in St. Petersburg LLC "Construction Management - WAN", engaged in the erection of several large apartment complexes. As in the first case, one of Mr. Ponomarev structures demanded money for the rental of power generators.
Recently, the 13th Court of Appeals of St. Petersburg, considered the complaint of the Moscow Company "old energy" and local company "Construction Management - WAN" (GC-HS) on the decision of the Arbitration Court of St. Petersburg and Leningrad Region, adopted at the suit of "old energy "I decided to recover with the construction company a little less than 500 million rubles. (419 940 864 rub. For rent debt and 67,933,250 rubles. Percent) in favor of the plaintiff. According to the court decision, the money should be collected as payment for diesel power plants, provided the builders temporary use. Moreover, the Court of Appeal, relying on the opinion of experts, led awayyl amount foreclosure more than doubled. Note that "in view of the order made in the plaintiff's procedural succession replacement of" recipient of funds is not to company-lessor, and the lawyer Konstantin Ponomarev Pavel Kazarezov.
According to that stated "Kommersant" Paul himself Kazarezov, a few years ago, "the two partner companies - OOO" TD "Omni-TEK" "and OOO" Vastra-TEK "" - rented diesel power plant (DPP) and supplied fuel Ltd. "Referent-Energo". This company, in turn, handed over DES in the sublease of the company "Construction Management - WAN", which is a "daughter" LLC "Glavstroy St. Petersburg." Both construction company then actively engaged in the erection of two large housing estates on the outskirts of St. Petersburg - LCD "Yuntolovo" LCD "North Valley". Area building plots amounted to hundreds of hectares. The builder acted "Glavstroy-SPb", the general contractor - SU-HS.
In 2013, on one of the most important milestones, "Referent-Energo" unexpectedly SU-GS interrupted cooperation with them. One andh versions, the owners of power demanded "Referent" speedy return of the property, on the other hand, set out by the representative of the landlord, Ltd. is "stopped buying fuel and was to delay payments because he delayed payments LLC SU-GS". In private construction market participants admit that the situation was modeled "Energy" specifically.
"Glavstroy SPb" held a tender for the lease of necessary units. "TD Omni-TEK", according to Mr. Kazarezov, decided to conclude a lease agreement for diesel generators with "Glavstroy SPb" directly, which took part in the three tenders in 2013 for the rental of 49 DES. According to the results of the contest "Glavstroy" said "TD" Omni-TEK "," that "it has won and should contact the company SU-HS to discuss the terms of the lease." Meanwhile, put "reviewer", but is actually owned by "Omni Energy 'power station remained on the construction site. As explained by the representatives of the supplier, "in connection with the urgent need to DES at the request of Company SU-GS to harmonizeand the signing of the lease agreement "TD" Omni-TEK "" transferred 31 DES Ltd. SU-GS for acts of property lease, according to which "TD" Omni-TEK "" was completely ensure their exploitation, including fueling. "
Meanwhile, at the conclusion of the agreement there were serious differences: according to unofficial data, the main argument was conducted on the treatment of the period of operation of units - in fact work units or time of their presence on the site. The builders thought that the accounts for the lease of plants were inflated merchants at least three times, as in fact DES is not staffed. Landlords believed that payment shall be 24 hours a day. In October 2013, OOO SU-GS returned "TD Omni-TEK" 31 DES, which were used in March of the same year. But the question of the payment of the rent has not been resolved.
In February 2014 LLC "Star Energy", also affiliated with Mr. Ponomarev, appealed to the Arbitration Court of Moscow region with a claim to recover from the SU-GS more than 600 million rubles. According to the presented to the court beforeDocument, the right to demand money for the lease of plants, the company bought through third hands "TD Omni-TEK", just before "ceased operations through merger OOO AVANAT. AVANAT itself was liquidated in December 2014.
In November 2015 the court ruled to collect from the LLC "Construction Management - WAN" in favor of LLC "Star Energy" 160 million rubles. Debt for the rent, and 25 million rubles. ascended as a percent. This solution does not suit any of the parties, both filed complaints with the 13th Court of Appeals in St. Petersburg. At the same time the leaders ' "Glavstroy-SPb" initiated a criminal case on abuse of power and large-scale fraud. As follows from the directed to the police statement, some unidentified persons from the leaders' Glavstroy "and" Omni-TEK "" in March 2013. misled members of the tender Commission and led to the election of the latter as the winners of the tender "Omni Energy." "After that, the statement said, the attackers deliberately not fulfilled contractual obligain rental DES for the needs of LLC "Construction Management - WAN", which created conditions for the emergence of a civil dispute between "Glavstroy-Petersburg" and "old energy", has received under the contract assignment the right to the cash flows in the amount of 693 million rubles, "that. , according to the applicant, substantially exceeded the actual costs of the lessor. a year after the initiation of the case the police stopped the investigation "due to lack of evidence." However, gorprokuratura, noting serious negligence in the work of police, he insisted on the resumption of the investigation. It is not complete. And Appeal court took the side of the owners of power plants, increasing the penalties on the basis of market rates to more than 500 million rubles.
In "Glavstroy SPb" the situation is not officially comment. However, a source familiar with her, reported that a subsidiary company - SU-GS - does not agree with the decision of the court and plans to file a cassation. However, it will have another trial: Paul Kazarezov recently filed with the Arbitration Court of St. Petersburg statement of recognition Ltd. "Construction Management - WAN" banRoth.
The scandals arising around the diesel power plant Mr. Ponomarev, his lawyer Paul Kazarezov told "Kommersant": "The rental DES - one of the most expensive ways to power and when it comes time to pay, managers are afraid to admit managers or business owners, which invested the funds That.. and trying to find a way out of the situation, blaming bad faith equipment suppliers. Until recently, the rental market was DES system. For the use of stations regularly underpaid. However, we have found a legal way to solve the problem of non-payment. "
As previously talked in detail "b", Konstantin Ponomarev structures have already initiated proceedings with the company, "the IKEA Mos" (as a result of the parties signed an agreement under which "daughter" the IKEA agreed to pay a businessman of 25 billion rubles.) And a "daughter" of the British company Raven Russia - CJSC "Taurus" (court, increasing the amount of claims from approximately 800 million to 1.5 billion rubles, granted the petition.).
Players of the construction market in privately noted: "The situation looks kaa systematic approach. The people behind the plaintiff beneficiaries, using contradictions in the law for their own benefit. Having won a similar process with the IKEA, they use the experience to get money from other companies. "