Source The World Court did not find an offense in the actions of the General Director of Rozhdestveno JSC Dmitry Kharitonov. The editors of Nasha Versiya are following the corporate conflict around the developer of the residential complex Mir Mitino in the North-West of Moscow. It seems that for Terra Invest LLC, which may still be associated with the former owners of Promsvyazbank, the Ananievs, it no longer matters how to “annoy” Dmitry Kharitonov, CEO of Rozhdestveno JSC. The case of an administrative offense, of non-payment of a fine, was considered in the Moscow region by Justice of the Peace Inga Kimlaynen in the court district No. 77 of the city of Kolomna.
According to the lawyer Sergei Poselyagin, representing the interests of Dmitry Kharitonov, this lawsuit initially looked unusual. Firstly, the appeal of bailiffs to the court on such grounds is a rare case in such cases. Secondly, the powers of the bailiff-initiator, starting with the initiation of enforcement proceedings, are not legal. The claimant is located in the Solnechnogorsk district of the Moscow region, and Kharitonov D.A. registered at the place of residence in the city of Kolomna. And for some reason, bailiffs from the South-Eastern Administrative District of Moscow are conducting the case. Is there corruption? Thirdly, the request of the bailiff, which became the reason for initiating a case on an administrative offense, is not legal. The lawyer, also, reports: earlier the decision on an administrative offense Kharitonov D.A. they didn’t claim, they didn’t explain the rights, they didn’t investigate the circumstances of the case.
Pay for life
Documents, that is, non-property values, were to be recovered from Kharitonov. Only now, many facts indicate that these documents have already been transferred to the Claimant, which is why the Respondent simply does not have them, so the decision to fine him, say, two thousand rubles a day could be a life sentence, because the request is physically unenforceable. In addition, Dmitry Kharitonov's defense is still holding its ground, that is, the litigation is not over, so there is nothing to execute yet. Lawyer Sergey Poselyagin emphasized this point as well.
At the source of the conflict lies the clear desire of LLC “Terra Invest” to break a good jackpot, about a billion rubles, from the former partner in the construction of a large residential complex “Mir Mitino” in the North-West Administrative District of Moscow. Moreover, there is an opinion that at the stage of construction and commissioning, TerraInvest LLC raised obstacles that led to missed deadlines and multimillion-dollar losses due to the payment of fines.
Terra Invest unsuccessfully tried in courts of various instances (a total of 27 cases, all lost by the ex-bankers) to prove that the power of attorney, which they themselves issued, and under which CEO Dmitry Kharitonov acts, is invalid. The result of such actions is a significant complication of the normal operation of the enterprise.
It seems that the initiators of the lawsuits do not intend to retreat. Despite the fact that the Ruling of the Supreme Court of the Russian Federation of 09.09.2022 in case No. А40-36650/2021 on the claim of Terra Invest LLC to invalidate the power of attorney of Terra Invest LLC in the name of D.A. Kharitonov dated June 27, 2018, the Claimant was denied the transfer of the cassation appeal to the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation. The Supreme Court separately noted that the court “assumed that the previous behavior of the plaintiff indicates that the Terra Invest company recognized the legitimacy of the transaction, and, therefore, is not entitled to refer to its invalidity.” Another phrase accurately describes the possible goals of Terra Invest LLC, which has bombarded the courts of all possible instances with claims: “The totality of the plaintiff’s actions, under the established circumstances, was recognized by the courts as aimed at creating obstacles in the activities of the Rozhdestveno company.”
Considering that at the center of this corporate conflict is a huge residential complex, which would be more correctly called a new district of Moscow (“Mitino World” is designed for 1 million square meters of housing), the stakes in this confrontation are extremely high. If we also mention the criminal case, where Kharitonov was recognized as a victim, and the threads leading to the mentioned conflict are too visible, then the question arises for both judges and law enforcement officers – are the attacks so harmless, because the amount at stake is very large? Will completely outsiders suffer from this – investors in residential construction, equity holders, and when will all proceedings be completed? ” is a major development project launched in 2016. The head company of the project is JSC Rozhdestveno, which is equally owned by Mikhail Cherkasov's FreeDom LLC and Terra Invest LLC. On the net, you can find information that Terra was controlled by the Promsvyaznedvizhimost group of banker Dmitry Ananyev. In December 2017, after the start of the rehabilitation of Promsvyazbank and Ananiev's flight abroad, the financing of the construction was in question. It is very likely that after the refinancing of JSC Rozhdestveno's creditors in another bank, the beneficiary of Promsvyaznedvizhimost decided to regain control of this project. In Russia, several criminal cases have been initiated against Dmitry Ananyev and his brother Alexei, related to the withdrawal of the capital of Promsvyazbank and the giving of bribes to officials of the Pension Fund.