The court recognized the legality of the transfer of Indyushkin's assets in Bashkiria for rent

The Arbitration Court of Bashkiria recognized the legality of the transaction for the lease of the complex of property of LLC Bashkir Poultry Complex named after M. Gafuri (BPK, operated under the Indyushkin brand). From 2019 to 2022, the poultry farm and processing facilities of the enterprise in the Meleuzovsky district were leased from Ural Poultry Complex LLC.

As follows from the case file, in July 2019, the mothballed BPC enterprise was leased to PK Ural. The company resumed meat productionturkeys. Approximately a year later, one of the largest creditors of BPC, the Moscow-based Farmellinrus LLC with a claim volume of 502.3 million rubles, decided to appeal the property transfer transaction. In its statement to the court, the company indicated that PK Ural received production capacity at a low rate. With a collateral value of the enterprise of 5 billion rubles, Ural paid only 480.4 thousand rubles per month for rent.

However, the bankruptcy trustee of the BPC indicated that, in addition to the rent, PK Ural also incurred other expenses, including repaying wage arrears for 55 million rubles.

“According to the terms of the lease agreement, the monthly rental rate is determined taking into account the amount of the tenant's planned expenses for major repairs, improvements, and other expenses, including those related to ensuring the safety of property. In particular, the tenant undertakes to bear the costs of ensuring security, repayment of current expenses for the maintenance of the property and repairs in the amount of at least 99 million rubles. In fact, the specified obligations on the part of the tenant PK Ural LLC were fulfilled, which contributed to the preservation of the property complex and the restoration of production, increasing the investment attractiveness of the poultry farm when sold at auction, ”the court ruling says.

PK Ural also noted that they spent at least 103 million rubles on the repair of the complex. This is without taking into account the costs of protecting the enterprise, paying utility bills, etc.

A representative of Rosselkhozbank also spoke on the side of the defendants - approximately 95% of the property of the BPC is pledged to the credit institution. The bank stated that they did not object to the transfer of the poultry complex for rent.

On this basis, the court refused LLC "Legal Center MAAT" (the assignee of "Pharmallinrus" with the same founders) to recognize the transactions of 2019 as invalid.