Judicial Board on economic disputes of the Supreme Court (SC) of Russia has rejected the claim of Alfa-Bank challenging the recovery of six billion rubles in favor of the company "Stroynovatsiya". This is stated in the press release of the credit organization, arrived in edition "Tapes.ru".
Thus, the Supreme court has upheld the ruling of the Ninth arbitration appeal court on 11 February 2016.
"The Supreme court agreed with the arguments of Alfa-Bank, courts (first instance and appellate court) ignored the basic civil law principle — the independence of Bank guarantee from the principal obligation, it is provided that the judicial acts of first instance and appellate court are contrary to the law", - stated in the message.
Besides, the Supreme court took into account the fact that the lower courts that previously considered this case, has ignored the decisions on disputes between the same parties has already entered into force.
Director of the legal Department of alpha Bank Michael Grishin has underlined that the Bank initially was confident in the rightness of their position and "satisfied with the decision of the Supreme court".
In October 2015, Moscow arbitration court satisfied the claim of the engineering company "Stroynovatsiya" (enters into group "the Sum") to alpha Bank for the sum more than 6 billion rubles. The plaintiff's claim was concerned, paid by the Bank in 2013, funds at the request of Roszheldor.
As explained in the Bank's financial structure has provided a Bank guarantee of "Stroynovatsiya" in the framework of the state contract for the construction of the railway line Kyzyl-Kuragino in conjunction with the development of mineral resources base of the Republic of Tuva. Bank guarantee 44.3 billion rubles were granted to secure the obligations of the construction company before Roszheldora (subordinated to the Ministry of transport). However, in 2012 the contract with "Stroynovatsiya" Roszheldora was terminated unilaterally after the Federal Agency demanded from alpha Bank to pay under the guarantee, the balance of unused funds of the advance payment in the amount of five billion rubles. The money was transferred Roszheldora. In response, Stroynovatsiya has filed a lawsuit against the Bank at six billion (including interest on borrowed money and related losses), considering the transfer of funds, an abuse of the right that number of beds up a series of trials was denied by the Supreme court of the Russian Federation.