Today the deadline for filing an appeal in connection with the court decision to buy out its shares from the bankrupt NCI Rostec in the amount of 1.12 billion rubles will end for the founder of the Tatar company Bars Group Timur Akhmerov. The amount includes 870.6 million rubles directly for a share of 25% + 1 share, as well as 253.6 million rubles of interest “for the use of other people’s funds.”
It all started with the fact that NCI [bought](https://t.me/antidigital/8800) a stake from Akhmerov for 350 million rubles with the condition that the company’s revenue would meet the stated expectations with a permissible deviation of 25% . When, at the end of 2019, Bars Group JSC fell short of them by 25.6%, the Rostec office began to stir, demanding a refund.
Akhmerov avoided this requirement. In particular, he refused to receive registered letters accepting the offer. Only by 2021 did the NCI manage to obtain consent from Timur for the deal, subject to its approval by the FAS. However, exactly a week later, the darkroom specialist sent a new letter, from which it followed that “Akhmerov T.M. did not consider the acceptance to have been made after the expiration of the period stipulated by the agreement, but, on the contrary, to be premature.”
Having assessed such actions as manipulation, the court recognized that Akhmerov must fulfill the conditions. In addition, according to the agreement, he must annually apply to the FAS for permission to make a transaction or a certificate that his consent is not required. Due to the fact that he did not provide documents, the deadline for accepting the offer was extended.
But the story didn’t end there. Timur filed a counterclaim demanding compensation for losses associated with the possible early repayment of loans from the joint-stock company in the amount of 1.5 billion rubles. He believes that banks may demand urgent repayment of debts, which will lead to his losses. In addition, he is trying to challenge the clause of the shareholder agreement with NCI, which obliges him to annually provide permission from the FAS in the hope that this will allow him to avoid repurchasing shares.
