Major Armenian bank granted a loan to an agricultural manufacturer under a pledge of a greenhouse complex owned by the debtor. The complex had gas pipeline heating crossing through an adjacent land plot.
Upon not receiving monetary compensation, the tenant of the land plot demanded to demolish gas pipeline and reclamate the land plot.
The case became complicated as: initially, the bank was not involved in the case and had no documents related to gas pipeline, and the direct defendant showed no interest in the court case.
During the case consideration ABYs lawyers were able to prove that the pledge holder had legitimate interest in the case. The court recognized our reasoning that the disputed gas pipeline was made in compliance with the necessary permits and approvals. Moreover, during acquisition of lease rights to the land plot, the gas pipeline already had been there. Therefore, the plaintiff should file complaints regarding the land plots defects against the local administration acting as a lessor. The plaintiffs claims were recognized as having no grounds.
On December 10th, 2019, the Commercial court of Saratov region dismissed the claim.Back