Ara Hakobyan lost in One of the Court Cases regarding 14 Aivazovsky street: Accelerated Trial will be applied in the other Case

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.

According to Iravaban.net, on 7 February, the regular session on the mentioned case chaired by Judge Marianna Stepanyan, was held at the “Ajapnyak-2” Seat of the Court of General Jurisdiction of Yerevan,.

During the session, Artur Apikyan, the representative of Hovhannes Soghomonyan, submitted to the court the verdict of Judge Yerem Esoyan dated 07.12.2023 in the parallel case ED/57086/02/21, by which claimant Ara Hakobyan’s request to declare the auction invalid was rejected on the basis of statute of limitations.

A claim for the invalidity of the disputed transaction and the application of the consequences of its invalidity could be filed within 1 year after the date when the claimant knew or should have known about the circumstances that are the basis for declaring the transaction invalid. It is noted that the plaintiff had one year from 28 December, 2018 (when the auction was held), but during that time he did not submit the claim.

“The court viewed the auction as a transaction that took place,” Hovhannes Soghomonyan’s representative Artur Apikyan announced in the court.

Yerem Yesoyan’s verdict came into force, because the plaintiff had not appealed it.

Judge Marianna Stepanyan made a decision to apply an accelerated trial in the current case.

“The court made such a decision because the parties do not have a dispute regarding the facts. The court should simply apply the law. The counterclaim against the “Arndane” Company continues to be examined at the “Erebun” residence. We claim that the corrections made by the notary Vanine Hovsepyan in the sales contract signed by the plaintiff on 09.01.2017 contradict the requirements of the Law on Notarial System and are null and void,” Attorney Nerses Aghababyan said.

Marianna Stepanyan’s decision will be published on 23 February.

Photo: Judges Marianna Stepanyan, Yerem Yesoyan and plaintiff Ara Hakobyan.

Iravaban.net

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