The actions of “Central Group” SRL qualify as illegal as this company earns huge revenues on account of the losses sustained by the debtor “Central House”, said the lawyer for “Central House” Andrei Iosip. He noted that “Central Group” attempts to obtain an illegal court judgment so as to suspend the legal effects of the actions of the insolvency administrator.
In a news conference at IPN, the lawyer explained that Vitalie Perciun, when he served as the statutory manager of “Central House”, signed a lease with “Central Group”, which is an affiliate company that he also managed. Under this contract dated August 1, 2018, the real estate belonging to “Central House” was leased out to “Central Group” for a period of 29 years. The contract was signed on behalf of both of the sides by Vitalie Perciun, who was the administrator of both of the companies.
On January 4 this year, SRL “Central Group” challenged the order on the debts issued by the insolvency administrator of SRL “Central House” in the Court of Arbitration under the public association “Soluții Moderne” (“Modern Solutions”), demanding that this should be nullified. The plaintiff, “Central Group”, asked to put off the payment of the arbitration taxes until the case is definitively solved. “Accidentally or not, but the lawyer for SRL “Central Group” Ion Dorogoi is among the arbitrators of the International Court of Arbitration under the public association “Soluții Moderne”,” stated the lawyer.
According to Andrei Iosip, by a decision passed the same day, arbitrator Mihail Cozlitin accepted the challenge filed by “Central Group” against “Central House” by which the validity of the tenancy contract of August 1, 2018 is also disputed. Also, insolvency administrator Veaceslav Timotin was banned from taking over from “Central Group” the property that belongs to “Central House” until a final decision in this case is adopted. This decision runs counter to the irrevocable decision taken by the Chisinau City Court on June 10, 2020 by which the insolvency administrator of SRL “Central House” was empowered to take over the debtor assets of “Central House”.
The lawyer noted that “Central Group” until now made two attempts to obtain the approval of the execution of the insurance measure applied by the Arbitration Court, but the applications were rejected. On January 14, 2021, “Central House” filed the third application, “I respectfully make a call on the whole judiciary to examine the application filed by “Central Group” with maximum diligence and responsibility as the acceptance of such an application and the authorization of the execution of the insurance measures applied by the Arbitration Court means violation of the provisions of the Law on Insolvency and of the irrevocable court decision of June 10, 2010,” said Andrei Iosip.
