Darnitsa pharmaceutical company expects court proceedings on claim against Borschahivsky plant management
Darnitsa pharmaceutical company is awaiting the commencement of legal proceedings on the claim, which it filed as a shareholder of Borschahivsky Chemical and Pharmaceutical Plant against the management of the plant.
The lawyer of Darnitsa, advisor to Aequo law firm Yevhen Levytsky told Interfax-Ukraine the matter concerns the procurement of raw materials by Borschahivsky Chemical and Pharmaceutical Plant from Germany's Farmaplant Fabrikation Chemischer Produkte GmbH with the mediation of Metabay Import/Export Limited, which, according to Darnitsa, were carried out at prices significantly higher than the market average at the time of purchase.
"The essence of the dispute lies in the fact that at least since 2014, Borschahivsky Chemical and Pharmaceutical Plant has been purchasing pharmaceutical raw materials from the German company Farmaplant through Metabay at a price that, according to Darnitsa, is significantly higher than the market price. Darnitsa estimates the amount of damage caused by the management of the plant at least $ 4.2 million," he said.
According to the British register, Metabay is owned by the director of business development of Borschahivsky Chemical and Pharmaceutical Plant, the daughter of chairman of the supervisory board of Borschahivsky Chemical and Pharmaceutical Plant Mykola Bezpalko, Iryna Rzhepetska.
According to Levytsky, in general, Darnitsa initiated three processes - in Britain, Switzerland and Ukraine. At the same time, the statements in the UK and Switzerland are auxiliary and are aimed at ensuring the execution of the decision that the court will make in Ukraine.
All three processes started during March 2021. The High Court of Justice in London on March 19 seized the accounts of Metabay, and on March 26 a similar decision was made by a court in Switzerland.
The lawyer stressed that the claims of Darnitsa are justified by the fact that the management of Borschahivsky Chemical and Pharmaceutical Plant for many years, most likely, artificially inflated the costs of the enterprise, thereby damaging the enterprise itself and its shareholders.
Levytsky said that on April 16 the court in London will continue to consider the case of the seizure of funds.