Ara Hakobyan, the director of Kecharis Hotel Limited Liability Company, filed a lawsuit against Hovhannes Soghomonyan, the bankruptcy administrator of the debtor Armen Stamboltsyan, demanding that the auction of the real estate at 14 Aivazovsky Street be declared void and based on this, the auction sale and purchase agreement concluded between Hovhannes Soghomonyan and Arndane LLC dated December 10, 2021 in respect of the same real estate shall be declared invalid with the application of the consequences of invalidity. this, the auction sale and purchase agreement concluded between Hovhannes Soghomonyan and Arndane LLC dated 10 December, 2021 in respect of the same real estate shall be declared invalid with the application of the consequences of invalidity.
It should be noted that Iravaban.net has published an investigation about 70 auctions announced for the area at 14 Aivazovsky Street, the winners in which are related to Mihran Poghosyan.
On 22 March, the regular session of the mentioned case took place in the “Ajapnyak-2” seat of the Court of General Jurisdiction of Yerevan, chaired by Judge Sergey Sahakyan.
The judge informed that the representative of “Arndane” LLC submitted a motion to the court for accelerated proceedings. The court postponed the discussion of this petition until later, as the representative of Ara Hakobyan filed a motion to suspend the investigation of the case.
“Since the claim presented in this case refers to the same auction, the validity and legality of which is disputed in another court, we find that the examination of the case in that court is subject to suspension until the question of the validity of the auction is decided in another court. Only a valid auction can be recognized as incomplete,” Ludvig Davtyan said.
Let’s remind that in another court case, Ara Hakobyan filed a lawsuit against the bankruptcy administrator Hovhannes Soghomyan, demanding that the auction of the real estate located at 14 Aivazovsky street be declared invalid, applying the consequences of the invalidity. Bankruptcy administrator H. Soghomonyan and “Arndane” LLC, and Yerevan Municipality and “Armeconombank” JSC are involved as a third party.
Artur Apikyan, the representative of bankruptcy administrator Hovhannes Soghomonyan, objected to the petition. In his opinion, there is no reason to suspend the investigation of the case. The lawyer cited Article 157 of the Civil Procedure Code, according to which the court shall suspend proceedings on the case, where the examination of the given case is impossible unless a final act is rendered on another matter or case examined under constitutional, civil, criminal or administrative proceedings. According to Apikyan, taking all this into consideration, the plaintiff did not mention any circumstances of impossibility.
The court asked Ludvig Davtyan to clarify what the impossibility is.
“The impossibility is that an effective judicial investigation in this case is not expected until the case being examined in another court is finished. Let’s assume that this court decided to consider the auction completed and reject the claim. Let’s suppose that in the other case the court decides that the auction is invalid. There will be conflicting judicial acts. “How can the invalid auction be considered completed,” the lawyer said.
The representative of “Arndane” LLC Nerses Aghababyan stated in the court that “something” must exist in order to recognize something as invalid. There must be an auction for that auction to be invalidated. “Only the auction held can be invalidated. I think that the plaintiff has not presented grounds and justifications for the impossibility of continuing the investigation of the case.”
The representative of “Armeconombank” OJSC also objected to the presented petition.
The judge inquired if they consider it conditional that they agree with the plaintiff’s position. “What does that prevent from continuing the investigation of the case and, for example, satisfying the claim you submitted?” What issues can be raised there that cannot be resolved here? What kind of legal facts can be established in another court that cannot be established here?
According to Ludvig Davtyan, if it is confirmed that, for example, that Hovhannes Soghomonyan did not have the right to sell the real estate at 14 Aivazovsky Street by auction, but he did sell it, the auction will be invalid. “Therefore, the deeming that auction completed in this court becomes meaningless and pointless.”
Artur Apikyan drew the attention of the court to the fact that the decision to sell the property through public auctions was issued by the Bankruptcy Court, and the court act entered into legal force. “In this case, we have a legally effective judicial act that the bankruptcy administrator had the right to sell the given property through public bidding.”
The court decided to adjourn the hearing of the case in order to make a decision on the petition. The next court session was scheduled for 10 May, 2023.
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About 70 auctions have been announced for the sale of areas on 14 Aivazovsky address. In one of them (on 26 December, 2016), Ara Hakobyan, Director of “Kecharis Hotel” LLC, was declared the winner. On 9 January, 2017, the purchase and sale agreement was signed. However, later it became clear that Ara Hakobyan did not pay the cadastral value of the land, which hindered the registration of his ownership right to the property.
It should be noted that plaintiff Ara Hakobyan;s name is connected with Mihran Poghosyan, a former member of the National Assembly, former Chief Compulsory Enforcement Officer of the RA judicial acts, taking into account the fact that the 100% shareholder of “Kecharis Hotel” LLC is Eduard Harutyunyan, who occupied the position of director of “Best Realty” LLC Company. Still in 2019, according to the data reported by the Special Investigation Service, in 2011, Mihran Poghosyan founded Hopkinten Trading Incorporated and Sigtem Real Estate Incorporated in the Republic of Panama through foreign citizens, and in October of the same year, instead of foreign directors of companies with Poghosyan’s direct participation, close people of Mihran Poghosyan were appointed. Further, Mihran Poghosyan, , participated in the management of the aforementioned organizations registered in the offshore zone of Panama through proxies, as a result of which the latter founded other companies in Armenia, including “Best Realty” LLC.
