The company producing mineral water owes money to its supplier

The Arbitration Court of the Samara Region is considering the claim of ChemOil LLC against Bor Mineral Waters for the recovery of 14.7 million rubles. The debt arose as a result of incomplete fulfillment of the terms of the supply agreement, as indicated in the file of arbitration cases of the Supreme Arbitration Court. At the same time, the amount of debt, according to one of the participants of Bor Mineral Waters LLC, Alexander Khenkin, exceeds the value of the company’s assets. Moreover, he believes that satisfying KhimOil’s claim could lead to bankruptcy of the enterprise. True, according to lawyers, there is no direct relationship between the amount of debt and the size of a company’s assets leading to bankruptcy.

As Kommersant learned, the Arbitration Court of the Samara Region is considering the claim of ChemOil LLC against Bor Mineral Waters LLC for the recovery of 14.7 million rubles. Information about this is published in the file of arbitration cases of the Supreme Arbitration Court. The application of KhimOil LLC was submitted in January 2015, the debt arose under a supply agreement concluded in July 2009. In March, one of the founders of Bor Mineral Waters LLC, Alexander Khenkin, filed a petition to be included in the case as a third party not making independent claims. He referred to the fact that the judicial act in this case could affect his rights. “If the unlawful demands of ChemOil LLC are satisfied, the amount of monetary obligations will exceed the value of the assets of Bor Mineral Waters LLC,” the petition states. It is interesting that representatives of the plaintiff and defendant objected to the involvement of Mr. Henkin in the case.

According to the court’s determination, the supply agreement was concluded between Bor Mineral Waters LLC and M-Plast Trading House LLC, and the debt “as a result of economic activities periodically changed due to the unreasonable inflation of the cost of products.” In October 2014, Trading House M-Plast assigned the rights of claim under the supply agreement to ChemOil; the application was filed with the court with reference to the debt reconciliation act dated April 25, 2014. However, after this date, the debt to the company was periodically extinguished, “accordingly, at the time of assignment of the right of claim on October 6, 2014, the debt could not have been such,” Alexander Khenkin wrote in his petition.

Bor Mineral Waters LLC was registered in June 1996. The authorized capital of the company is 11.6 million rubles. According to kartoteka.ru , members of the society are Dmitry Alferov (5%), Larisa Alferova (20%), Alexander Volov (5%), Tsili Volova (20%), Igor Sukharev (5%), Svetlana Sukhareva (20%) , Alexander Khenkin (25%). The main activity of the LLC is the production of mineral waters. Borskie Mineral Waters LLC produces about 7 million bottles of water per year. The annual turnover of the company is about 100 million rubles.

LLC "Trading House M-Plast", according to kartoteka.ru , is registered in Moscow, the main activity is wholesale trade in chemical products. The participant and director of the LLC is Gennady Golovanov. HimOil LLC was registered in Samara in March 2013, the main activity is wholesale trade of other intermediate products. The sole participant and director of the LLC is Vitaly Marshov.

We would like to remind you that last year a conflict arose between the co-founders of Bor Mineral Waters LLC, as they did not agree on how correctly the company was conducting financial accounting work. Over the past years, the director of Bor Mineral Waters LLC has been one of the company’s participants, Alexander Volov. However, in May 2014, Andrei Belokorovkin was appointed head of the enterprise. But he did not work in this position for long - in August 2014, Mr. Belokorovkin was fired. Subsequently, he challenged this decision of the society members in court. Andrei Belokorovkin cited the reason for his dismissal as his discovery of a shortage in the amount of over 8 million rubles, which resulted in “active opposition from financially responsible persons.” Currently and. O. The director of Bor Mineral Waters, according to kartoteka.ru , is Alexey Mityushin.

Alexander Khenkin, in an interview with Kommersant, said that he learned about this whole situation with KhimOil and the M-Plast Trading House almost by accident. The reasons for the debt, in his opinion, are related to the overestimation of the cost of the preform (the mold from which a plastic bottle is blown - Kommersant) in order to understate the tax base and create artificial debt. According to Alexander Khenkin, law enforcement agencies should figure out where the money allegedly transferred to the M-Plast Trading House company went. At the same time, he believes that if KhimOil wins the trial, then the next step will be the bankruptcy of Bor Mineral Waters. “I get the feeling that this is exactly what some co-founders are trying to achieve,” Mr. Henkin noted.

Another co-founder of Bor Mineral Waters LLC, Igor Sukharev, told Kommersant: “I think the debt has accumulated over a long time. It needs to be extinguished somehow, maybe the founders will contribute part of the funds, but it will still have to be extinguished. After all, a trial is a waste of time.” It was impossible to get a comment from the director of the company yesterday - the LLC was told by phone that he was not there. Director of M-Plast Trading House LLC Gennady Golovanov refused to comment on the situation. Director of ChemOil LLC Vitaly Marshov also did not respond to Kommersant’s request.

Managing partner of the RBL law office, Dmitry Samigullin, in turn, told Kommersant that the excess of the amount of debt over the size of assets is not direct evidence that the case is heading towards bankruptcy. “But they can bring it. However, there are no direct legal consequences,” says Mr. Samigullin.

Ekaterina Borisenkova

Bor waters are flowing away