Following the recent auction organized by the justice ministry department of mandatory fulfillment of judicial acts the general director of Bjni company came up with announcement. Read Mr. Harutyunyan’s full announcement below:
“We have learnt from electronic media that the properties of Bjni company (hereinafter referred to as the company) have been sold at auction. The company has numerously announced that the auction was organized in violation of a number of laws. Furthermore, at present there are a number of cases submitted to the administrative court as the following:
1. The case of Bjni company brought against the RA agency of intellectual property and the appeal on recognizing the activities of the justice ministry department on mandatory fulfillment of judicial acts as against the law, as well as on obligating the administrative body to stop implementing certain actions.”
2. The case of Bjni company brought against the justice ministry department on mandatory fulfillment of judicial acts to consider their activities against the law (officers of the department were in masks).
3. The case of Bjni company brought against the justice ministry department on mandatory fulfillment of judicial acts to invalidate the decision on putting the company for auction as of 08.12.2008 and other related decisions.
4. The case of Bjni company brought against the justice ministry department on mandatory fulfillment of judicial acts to (03.12.2008) on canceling the decision of the mentioned department officer to put the property of the company, which is used by other persons, under pledge.
5. The case of SIL concern brought against the RA agency of intellectual property to cancel the decision 33/08 of the appealing committee (dated 08.12.2008).
6. The case of SIL concern brought against the RA agency of intellectual property to cancel the decision 34/08 of the appealing committee (dated 08.12.2008).
7. The case of Bjni company brought against the justice ministry department on mandatory fulfillment of judicial acts to cancel the decision on organizing an auction (dated 10.01.2009).
8. The case of Bjni Mineral Water Company CJSC against the justice ministry department on mandatory fulfillment of judicial acts to cancel the decision on organizing double auction.
Despite the efforts of the judicial bodies to hinder these processes as much as possible and the fact that the appeals have been rejected, we think it appropriate to inform the person acquiring the company’s property about the legal consequences as the following:
1. The auction may be considered invalid, if it has been organized and proceeded in violation of the law (reminder: the mandatory fulfillment action had to be cancelled as the auction price was less than the required sum, and the implementer of the decision did not take into account the value added tax due to payment, which is 20% and makes about 16,67% of the total sum).
2. Everyone knows about everything that happened to the company and every potential buyer was informed about the law violations pointed out by the company.
3. According to the article 275 of the Civil Code the property can be claimed back even from a buyer with good faith (we have all the substantiations to claim that the buyer is not acting with good faith), if the property has been taken out of the owner’s control despite his will. We have always been against selling the company’s property.
4. The buyer will also have problems with using the company’s trade names and marks.
Based on the abovementioned we are warning the potential buyer of the company’s property to abstain from paying the sum within three days, otherwise the latter will have to return the properties to the owner based on court resolutions and also will have to pay the losses”.
16.02.2009