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`Sukhoi Civil Aircraft' may sue `Armavia'

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  • `Sukhoi Civil Aircraft' may sue `Armavia'

    Mediamax, Armenia
    Aug 17 2012

    `Sukhoi Civil Aircraft' may sue `Armavia' if it doesn't pay off the debt for SuperJet



    Yerevan/Mediamax/. Representative of "Sukhoi Civil Aircraft' (SCA)
    threatened to sue "Armavia' if the latter doesn't pay off the debt for
    purchased aircrafts.

    As RBK daily reports, two SuperJets belonging to `Armavia' are
    currently at the repair base of SCA test-flight complex in Zhukovsky,
    because the aircraft operator hasn't paid for the scheduled repair
    works for one of the aircrafts. SCA vice president Yevgeny Konkov said
    this yesterday, adding that `Armavia' doesn't negotiate and pay for
    anything.'

    `In accord with contractual obligations we can sue `Armavia' for both
    aircrafts,' said Konkov. He refused to name the amount of the debt,
    noting that `taking into consideration its financial position, it will
    be a significant amount for the Armenian air carrier.'

    However, SCA can't take away the planes from `Armavia'. `The first
    liner is in pledge. `Armavia' has put the plane in pledge in one of
    the Armenian banks without informing us about it and without having
    any right to do it. There are only two ways to return the planes-
    either in court or in a pre-trial order,' Yevgeny Konkov noted.
    According to him, it's not difficult to sue the Armenian air carrier
    `as the contract was concluded in accord with Russian laws.'

    According to non-official data, the first serial aircraft is put in
    pledge at Ardshininvestbank as `Armavia' owes $1,2mln to the bank.
    This plane is a security for a $3,4mln loan the air company has taken
    to buy Bombardier.

    At the same time, SCA and Vnesheconombank were ready to help `Armavia'
    and invented a scheme to re-finance the company's debt, RBK reports.
    `This was a loan-leasing scheme, Deputy Chairman of Vnesheconombank
    Alexander Ivanov said. The financial position of `Armavia' is not
    ideal. But we were ready to allocate a $40mln credit for 8 years to
    finance the purchase of two aircrafts.' According to him, the
    aircrafts were supposed to be released from pledge and re-registered
    in the Netherlands. Very competent consultants were invited to carry
    out the deal.

    `We incurred costs for restructuring the deal, which, in accordance
    with the agreement with `Armavia', should be compensated by the
    Armenian air company, and we hope to resolve this issue in the nearest
    future,' said Ivanov.

    However, `Armavia' refused the deal and announced in early August that
    it refused to buy the previously ordered aircrafts complaining on the
    economic inefficiency of their exploitation. The air carrier stated
    that it didn't have any debts to SCA. Early this week, Russian Prime
    Minister Dmitry Medvedev ordered the ministries of Industry and Trade
    and Foreign Affairs and the United Air Construction Corporation to
    resolve the case by September 15.

    Yevgeny Konkov believes that other air carriers in Russia and abroad
    may get interested in the `Armavia's' aircrafts. According to him, one
    of Indian carriers is interested in the liners. The company wants to
    reconfigure the liner into a business-class plane. The market
    participants assure this company is Aviotech.

    As the edition reports, theoretically the court can resolve the case
    in favor of the declarant and a writ of execution can be issued. As
    far as `Armavia' operates flights to Russia, its aircrafts can be
    arrested on the territory of the Russian airport, managing partner of
    `Korelsky, Ishuk, Astafiev and partners' Law Company, Andrei Korelsky,
    says, adding that `such actions can deteriorate relations between two
    countries. At the same time, the writ of execution can be a good
    argument in negotiations on buying the SuperJet.'




    From: A. Papazian
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