“Bjni” reminds the violations
The "Bjni" mineral water factory" CJSC announced today once again that the auction of its assets was organized with violations of the law.
"We have stated several times about the violations and the most evident one was the lot price of the assets presented at the auction, which was lower than the demanded price. The 6th article of the RA law on "Bankruptcy" clearly compels the Service for Compulsory Enforcement of Judicial Acts to immediately terminate the case and appeal to court to acknowledge the company bankrupt. The calculations are the following: the reserve price for a lot is near 4 billion 450 million drams, while the demanded amount makes up 5 billion drams. According to the verdict reached by the administrative court, the company was supposed to pay 4 billion 68 million drams as a payment for natural use. Then, another 81 million was supposed to be paid for state tax and 207 million as a compulsory enforcement payment. Thus, the compulsory enforcement officer had to distribute these amounts, while the additional amount had to be returned to the owner.
According to the RA law on "Bankruptcy", the expenses for the case and the taxes that emerge from the sale of assets must be calculated in the demanded amount. Thus, the SCEJA was obliged to subtract the value added tax from the amount and give the difference to the owners and that difference makes up 740 million drams. Thus, if we calculate how much money is needed to meet the demand, the lot had to be paid 5 billion 96 million drams, but the amount paid was 4 billion 441 million 500 thousand drams.
The SCEJA refuses to give the company materials of the case, which further deepens the doubt of the company that there may be false documents in the case.
The company is deprived of the right to receive information about the case. The compulsory enforcement officer makes unlawful decisions. The company has only been given the annexed version of the contract but not the original contract.
We ask the following to the SCEJA: when are we going to receive all the materials of case 07-807/08, including the contract? Will we receive a written response on the distribution of paid amounts, including information on the value added tax that rose from the compulsory auction and was it paid or not? Did the buyer pay the cadastre price for the sold land or not? Was the payment for the auction made?
If the SCEJA announces that there is no value added tax from the sale of assets, the unprecedented position must be applied to those whose assets had been sold by auction or will be sold.
We also ask you to give us the official text of the notice about the compulsory auction for assets which must state the conditions of the auction, including name of lots, limits on lots. If the lot is a subject, the physical state and/or production date, the reserve price of the lot, the right for being a lot, the deadline, as well as other conditions," as stated in the statement made by Director General of the "Bjni" mineral water factory" CJSC Harutyunyan.
Let us remind that "Bjni" was purchased by an auction by deputy Ruben Hayrapetyan.
