MOSCOW, July 5 - RAPSI. The Supreme Commercial Court has upheld Mezhprombank depositor Sergei Yarmolinsky' claim for the presidium to reconsider the lower courts' decisions to refuse to enter his $2.83 billion claim in the bank creditors' register, the court told the Russian Legal Information Agency on Thursday.
On March 30, the Supreme Commercial Court dismissed Yarmolinsky's first application to the presidium for his case reconsideration, but the depositor then resubmitted his claim.
The Moscow Commercial Court held against Yarmolinsky's claim on June 10, 2011.
Yarmolinsky maintains that he deposited 3,226 rubles ($109) at 130 percent per annum in Mezhprombank in February 1994. The interest was to be charged on a quarterly basis. However, Yarmolinsky, said the bank never added the interest to the deposit. In 2003, he attempted to withdraw his money, but the bank refused to release the funds.
Mezhprombank is represented in the lawsuit by its bankruptcy administrator, the Deposit Insurance Agency (DIA).
The DIA only included Yarmolinsky's claim of 5,726 rubles ($194) in the bankruptcy register.
The court based its decision on the July 1994 supplementary agreement to the depositary contract. Under this agreement, the interest rate was reduced to zero.
The court ruled that Yarmolinsky knew that there would be no interest added even in January 1995, according to the bank statement issued, which the depositor would need to submit to the tax inspectorate. Therefore, the three-year statute of limitations has since expired.
At the trial court hearing, Yarmolinsky did not admit that he signed the supplementary agreement, but did not claim it was falsified.
However, he then filed a further lawsuit to declare the July 1994 supplementary agreement null and void. In February 2012, the court turned his claim down.
The media has reported that Yarmolinsky is a renowned banker. He was Vice President of Guta Bank and Deputy General Director of MMC Norilsk Nickel.
The court revoked Mezhprombank's license on October 5 and recognized the bank as bankrupt in November.
Valery Miroshnikov, the DIA's First Deputy Head, said the only loan granted by Mezhprombank that is likely to be repaid is a 3 billion ruble ($101.91 million) loan backed by shares in the Sukhoi aircraft holding company. The bank's debt totals 82 billion rubles ($2.75 billion), of which 32 billion rubles ($1.08 billion) is a secured loan granted by the Central Bank.