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 that, between Hovhannes Soghomonyan and Arndane LLC. The auction sale agreement concluded on 10 December, 2021, for the same real estate shall be declared invalid, applying 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, in which the winners are related to Mihran Poghosyan.
the regular session of the mentioned case was held, presided over by Judge Marianna Stepanyan at the “Ajapnyak-2” seat of the Yerevan Court of Common Jurisdiction on 6 December.
The judge offered the parties to present their position regarding the range of facts to be proven. The plaintiff continued to claim that the auction did not take place, because the price of the lot was not paid within the stipulated 15 days, and the advance payment paid by “Arndane” was returned. Therefore, according to the plaintiff, the submitted claim must be satisfied.
During the discussion of the issue, the defendant raised the issue of the plaintiff being an interested person in the case. The representatives of the 3 respondents are of the opinion that the lot was sold, the protocol of the auction was signed, and after that the agreement to make the payment later was signed. At the same time, the defendants state that the plaintiff is not an interested person in the case, because he did not claim to recognize his ownership rights to 14Aivazovsky street, and as a result of the claim being satisfied, the plaintiff does not have any rights.
Artur Apikyan, the representative of the bankruptcy administrator Hovhannes Soghomonyan, stated in the court that a non-existent auctioneer cannot cause consequences, while in this case, as a result of the auction, a sales contract was signed, on the basis of which “Arndane” registered its ownership rights in the cadastre, therefore, the auction was held.
Ara Hakobyan’s representative, Varazdat Asatryan, stated that the plaintiff is an interested person in the case, because before the sale of the property to “Arndane” there was already an existing contract regarding it and their client had legitimate expectations. In addition, the state registration of rights by Ara Hakobyan was suspended, which makes him an interested person.
The Court was inclined to hold that there was no dispute of fact between the parties and the dispute was on a question of law whether the auction had taken place or not. Hovhannes Soghomonyan’s representative, Artur Apikyan, asked the court to provide additional time to submit the court documents from Armen Stamboltsyan’s bankruptcy case to the court in this case.
The session was adjourned and set for 7 February, 2024.
