In the Arbitration Court of Tatarstan, the consideration of the case on declaring insolvent the owner of the Zelenodolsk meat-packing plant “Dal-Kama” Gocha Kvaratskhelia was delayed. The court requires proof that the debtor has been notified of the process. Only then can a bankruptcy decision be made against him. However, neither the creditors, who filed claims for 630 million rubles, nor the investigation, which put Kvaratskhelia on the federal wanted list in a criminal case of fraud, know about the whereabouts of the businessman.
Judge of the Arbitration Court of Tatarstan Artyom Putyatkin on Tuesday postponed the hearing on the bankruptcy case of the former owner of the Dal-Kama meat processing plant, Gocha Kvaratskhelia, “due to the lack of evidence of proper notification of the debtor about the date, time and place of the case.”
Mr. Kvaratskhelia is the sole owner of LLC Zelenodolsk Meat Processing Plant Dal-Kama, established in 2004. According to Kartoteka.ru, the authorized capital of the LLC is 148 million rubles. The enterprise produced products under the brands “Nikora” and “Zelenodolye”. At the end of 2015, the meat processing plant’s revenue fell from 2.1 billion to 1.2 billion rubles. In 2017, the enterprise received 816.4 million rubles. revenue and 40.1 million rubles. net loss. In July 2018, the Chuvash Trade House Yurma LLC filed for bankruptcy of the meat processing plant with claims in the amount of about 5.8 million rubles. In August of the same year, at the request of the Kazan City Legal Support Service LLC, to which Yurma ceded the right to claim the debt, surveillance was introduced in the company. In January 2019, she was declared bankrupt and bankruptcy proceedings were introduced.
Bankruptcy of Gocha Kvaratskhelia is being sought by Private Security Company Kennard LLC, which filed an application for arbitration in May of this year with demands of 630.9 million rubles. As Marat Minibaev, a representative of the private security company, explained in court, the application is based on the decision of the Novo-Savinovsky Court of Kazan on the recovery of the debt that has entered into force.
This debt arose in 2016, when Avers Bank provided Dal-Kama with three loans totaling 728 million rubles. The guarantors were Mr. Kvaratskhelia, the ex-general director of the meat processing plant Sergey Muntaniol, who acted as the general director of Dal-Kama during the observation period, Ruslan Khamadishin (the son of the ex-head of the Federal Penitentiary Service of Tatarstan), as well as the partners of the meat processing plant – Dakos Trading House LLC and Trading House LLC house “Zelenodolye 1”. Two years later, Avers ceded the rights of claims on loans to the private security company Kennard. Since the meat processing plant overdue payments on the principal and interest, the private security company Kennard appealed to the district court, which in February 2019 decided to recover 630.9 million rubles from the guarantors in solidarity. During the process in arbitration, the amount of claims was reduced by 100 thousand rubles.
The meeting on the bankruptcy case of Mr. Kvaratskhelia has already been postponed due to the lack of defendants and information that they have been warned about the process.
However, Gocha Kvaratskhelia is on the federal wanted list. The prosecutor’s office of Tatarstan told Kommersant that he and Sergei Muntaniol were accused of fraud for 5.7 million rubles. According to the investigation, Mr. Muntaniol, having entered into an agreement with Mr. Kvaratskhelia, submitted an updated tax return on VAT refunds with false information about supposedly completed transactions. The case is considered by the Zelenodolsk City Court. Muntaniol partially admitted his guilt and is under house arrest.
In addition, in February 2019, the Investigative Committee for Tatarstan opened a criminal case against unidentified employees of the Dal-Kama meat processing plant for violating the rules for handling environmentally hazardous waste (Part 1, Article 247 of the Criminal Code of the Russian Federation). The reason was that in 2018, on the territory of the enterprise, 100 meters from the Volga River, they buried 80 tons of chicken meat that had deteriorated due to a breakdown in refrigeration equipment.
As the bankruptcy trustee of the Dal-Kama plant, Elena Latypova, told Kommersant, the last criminal case was dismissed due to the absence of corpus delicti. But there is another one, which concerns non-payment of salaries to workers of a meat processing plant (Article 145 of the Criminal Code of the Russian Federation) in the amount of more than 4 million rubles.
At a meeting in arbitration on Tuesday, Ms. Latypova explained that not only the Russian Post could not find the debtor. “The postal notice has arrived at the post office at the place of registration, and is awaiting the addressee at the place of delivery. The postal organ has not yet attempted delivery – successful, unsuccessful, ”Judge Putyatkin snapped. “There must be an attempt at delivery,” he added.
The court is obliged to wait for the notification of the postal organization about the reasons for the non-delivery of the court notice, only after that the citizen will be considered to have exercised his right, Victoria Sokolova, a lawyer in the practice of property and liability relations of the Amulex NUS, explained to Kommersant. “I will assume that the next trial will already take place, taking into account the receipt of a response from the Russian Post about the reasons for the non-delivery of the notice to the debtor, and the court will be able to consider the claims on the merits and introduce the appropriate procedure,” Ms. Sokolova said.
