On March 19, the High Court of Justice in London upheld the claim of the pharmaceutical company Darnytsia and seized the accounts of the company, which is an intermediary in the procurement of raw materials from the German company Farmaplant Fabrikation Chemischer Produkte GmbH for Borschagiv Chemical and Pharmaceutical Plant.
It is about the British company Metabay Import / Export Limited, Darnytsia’s lawyer, adviser to Aequo law firm Yevhen Levytskyi told RBC-Ukraine.
According to the lawyer, the essence of the dispute is that since at least 2014 the BHFZ has been purchasing pharmaceutical raw materials from the German company Farmaplant at a price that, according to Darnytsia, significantly exceeds the market price. Darnytsia estimates the amount of damage at $ 4.7 million. Farmaplant transferred the overpaid funds to the Metabay account under the guise of a commission allegedly for mediation in concluding contracts, the company believes.
Darnytsia claims that Metabay is owned by IHR Rzhepetska, Business Development Director of BHFZ, who is also the daughter of BHFZ Supervisory Board Chairman Mykola Bezpalko and Lyudmyla Bezpalko, who headed the company as CEO until 2018.
In this regard, Darnytsia believes that the management of BHFZ for years overestimates the costs of the enterprise and “appropriates overpaid funds through this scheme.”
“Darnytsia, as the shareholder with the largest block of shares, filed a lawsuit on behalf of the BHFZ in a Ukrainian court against the unscrupulous managers of this company demanding compensation for the multimillion losses suffered by the BHFZ.
In order that the compensation became real, and the funds taken offshore did not disappear, the English court decided to arrest them, “Levitsky said.
The other day a similar decision to seize funds in Metabay accounts was also made by a Swiss court. A court in London will continue consideration of the case of seizure of funds on April 16.
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