Saratov real estate investors won a dispute with the Territorial Development Fund in the Supreme Court
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The Supreme Court took the side of the deceived Saratov real estate investors in a dispute with the Territorial Development Fund. This was told to Kommersant by the representative of the plaintiffs, the head of the Federal Center for Assistance to Shareholders, Anton Khaidukov.
The bankruptcy trustee of the Engels residential complex “Plyazh” did not promptly include citizens in the register of creditors – equity holders filed claims in court as part of the bankruptcy procedure. Some of them were included by the court before the decision of the fund’s supervisory board to finish building the house, and some after. The date of the meeting of the Supervisory Board was not disclosed, but those who got into the register after that cannot apply for apartments – only for payments. And those of the citizens who acquired apartments by assignment after the onset of bankruptcy are deprived of both housing and compensation.
The court of first instance considered that citizens should be considered included in the register on a specific date. The Twelfth Arbitration Court of Appeal, as well as the Arbitration Court of the Volga District, changed the decision, refusing to register shareholders retroactively in order not to discriminate against those who did not apply with such requirements.
The Board of the Armed Forces of the Russian Federation, having considered the case, agreed with the court of first instance: citizens will be able to get housing. Anton Khaidukov told Kommersant that the decision of the Supreme Court should be considered a precedent – it will help restore the rights of dozens of citizens across the country who find themselves in a similar situation.
More about the case – in the material “Kommersant-Saratov” “Supreme Court to look into ‘The Beach’“.
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