The Supreme Court of the Russian Federation upheld the decisions in the case of API Bank and DIA

Brief retelling from RIA II

The Supreme Court of Russia decided not to review the judicial acts of lower authorities in the case of API Bank and the Deposit Insurance Agency (DIA) as the liquidator of Qiwi Bank.

API Bank disputed the transfer of funds to the notary's deposit and asked to oblige the DIA to transfer about 151 million rubles using its details.

The Moscow Arbitration Court found that the final beneficiary of the Serbian bank API Bank is Andrei Shlyakhova, who is facing claims for damages in the Agrosoyuz bankruptcy case, and agreed with a ban on settlements with API Bank, except through a notary deposit.

MOSCOW, September 28 – RIA Novosti. The Supreme Court of Russia decided not to review the judicial acts of lower authorities, which refused to recognize as illegal the actions of the Deposit Insurance Agency (DIA) as the liquidator of Qiwi Bank, which consisted in transferring money owed to the Serbian API Bank to a notary deposit.

As stated in the materials studied by RIA Novosti, Judge of the Supreme Court of the Russian Federation Sergei Samuylov, having studied the cassation appeal of the Serbian bank, found no grounds for reviewing the case by the Judicial Collegium for Economic Disputes.

API Bank challenged the deposit of funds in the amount of over 176 million rubles on the notary's deposit and asked to oblige the DIA to transfer about 151 million rubles according to the details provided by it when including its claim in the register of creditors' claims, as well as to pay moratorium interest calculated on the date of actual repayment of the debt.

The Moscow Arbitration Court found that the final beneficiary of the Serbian bank is Andrei Shlyakhovoy, who is also the beneficiary of the bankrupt Agrosoyuz bank.

In the bankruptcy case of Agrosoyuz, Shlyakhov was presented with claims for damages and interim measures were taken in the form of a ban on Qiwi Bank to make settlements with API Bank “except by depositing funds with a notary for the purpose of reserving them.”

As the court noted, otherwise the funds received by API Bank “will de facto be sent to A.Z. Shlyakhov, which will significantly complicate the execution of the judicial act on the recovery of damages,” while a temporary ban on the disposal of property “will avoid a situation where funds due to the creditors of CB Agrosoyuz LLC will be hidden.”

The appellate instance and the district court then agreed with the Moscow Arbitration Court.

In November, the court granted the DIA's application to complete the liquidation of Qiwi Bank. As a representative of the DIA explained in court then, all of the bank’s debt was repaid. The total amount of demands, according to him, exceeded 20 billion rubles.