Ex-partner Dmitry Bosova on “Photocopy” Alexander Isaev, who owned 50%, wants to return the asset itself. After a sharp conflict, the proportion of mister Isaeva under unknown circumstances was at the top of the team Manager, Alltech and the company itself. Completion of the transaction was to consolidate the asset in the hands of Dmitry Bosova. But on the night of may 6, he committed suicide. Now Alexander Isaev requires recognition of the transaction void: the court has arrested 50% of “Vostokova”. Experts believe that the company is a “good asset” and not surprised that after the death of Mr. Bosova his former partner is trying to regain share, “lost under the strangest circumstances.”The arbitration court of Moscow region on application of Alexander Isayev was arrested in 50% of OOO “UK Vostokugol'”, which previously belonged to him, follows from the materials of the court. They say that the contested share is recorded to the management company, however, Mr. Isaev made a motion in the underlying case challenging the contract for the sale of its stake, defendants in which the alleged head of the financial-economic Department of Alltech group Oleg Semchuk and UK Vostokugol’. In the case of Alexander Isaev demands to annul the contract of purchase and sale of the shares.”Vostokova”, one of the largest coal producers in Russia, on a parity basis belonged to Dmitry Bosova and Alexander Isaev. But April 6, Mr. Bosses has taken a number of personnel decisions, including Alexander Isayev dismissed from all posts in the “Vostokova” and “Sibantratsita”, accusing him of “flagrant abuse and embezzlement”. After that there have been changes in the share capital of “Vostokova”. But on the night of 6 may, the businessman suddenly killed himself, leaving a suicide note.To read next the end, the court seized on the disposal of 50% shares and on the execution of the statements of Oleg Shemchuk on withdrawal from the members “by the payment of the valid cost of the share”. According to the court, the actions of top management “are clearly oriented artificial creation of the conditions under which the enforcement of the act would be impossible, and he Semchuk will benefit, not comparable to normal conditions of business”. Thus, the court actually blocked the closing of the transaction between top management and “Bostonwhaler”.UK Vostokugol ‘ is engaged in the development of coal and infrastructure projects including coal extraction in the Taimyr Peninsula, the development Sugdinsk-Ogodzhinsky Deposit (reserves of 744 million tons of coal resources total reserves are estimated at 1.6 billion tons), the launch of coal terminal port Vera (on 50% belongs “Rostechnadzor”). In 2019, it was planned that Vostokugol ‘ will become the managing company of the project of North tunnel-2, which is a group of Dmitry Bosova was going to implement own resources (development story has not yet received). In February it became known that on sale Arctic assets.Alexander Isaev has refused comments, the representative of UK “Vostochy” told “Kommersant” that the company’s lawyers are studying the lawsuit. The company will take measures to protect its position, the report said. Mr. Isaev, meanwhile, has found a new job: now he’s doing the Elga coal Deposit owned by “A-property” albert Avdalyan. Latest shapes in Yakutia industrial cluster, in which in addition to YFPC and the Elga will consist of Ogodzhinsky coal field, where 50% belongs to “Photocopy”, 12,5% on “Rostec” and 37.5% of Catherine Lapshin, who previously managed the assets of Mr. Avdalyan and his partner Sergei Adoniev.According to counsel Forward Legal Daria Shlyapnikova, the grounds for recognition of the transaction insignificant can be a violation of the law and infringement on public interests, or the rights and interests of third parties, imaginary or pritomnosti of the contract of purchase and sale of shares in violation of the requirements on the capacity of the person who concluded the transaction, the transaction without the consent of a third person or legal entity, when such consent was required. “At the proof of the circumstances that served as grounds for challenging the transaction, the courts will recognize the agreement of purchase and sale of shares as invalid and apply consequences of invalidity,”— said the lawyer.Maxim Hudalov of ACRE recalls that “Vostokova” two producing assets — cuts “Kisaki” and “Eastern”, where active mining of coal grades T and A capacity of approximately 9.6 million tons and 6.2 million tons per year, respectively. “This is a good coal low-cost, and even amid falling prices of its exports remain profitable. In addition, the company controls the port of Vera and license to Ogodzhinsky coal Deposit”— the expert adds. Overall, he said, Vostokugol ‘ — “pretty good company, so the desire of the former shareholder to reconsider the decision on the loss of his share, which happened in such strange circumstances, is understandable”.Eugene Zainullin
