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It is time to close the chapter of Caspian Sulfur Company case

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Last week the Chairman of the RoK Supreme Court Kairat Mami visited Atyrau and subjected to sharp criticism the work of the judges of the Atyrau specialized inter-district economic court (hereinafter -ASIEC). He accused them of falsifications and unwillingness to work. It’s been nearly 7 years now that I, as the representative of the Kazakhstan company, challenge in all judicial instances the recognized legitimate right for 30% of share in the charter capital, as well as due dividends in Caspian Sulfur Company LLP (hereinafter - "CSC"), and I am compelled to recognize the fairness of Kairat Mami’s statements.

We already published in the press the twists and turns of the lawsuit between Tengizinterneftegazstroy LLP (further- "TINGS") and "CSC" (see “To throw mud from overseas to avoid RoK laws” and “Hysterical losing”), as well as about numerous publications under fictive names, single picket of CSC representative Togzhan Kizatova, aiming, in my opinion, to put pressure on the court in addition to drawing public attention.

Despite this, on December 22, 2014, as the result of numerous lawsuits, and cancellation of the RoK Supreme Court of the previous decisions of the Atyrau courts and a new court hearing, the appeal judicial board on civil and administrative cases of the Atyrau regional court and ruled in favour of "TINGS" the decision that was enforced from the moment of its announcement. In particular, the decision of the single participant of CSC about the sale of 100% of shares to Kroon Shippping Holland B.V company was cancelled, the contract about purchase and sale of 100% shares of CSC concluded between Nitron Chemical Corporation and Kroon Shippping Holland B.V companies was declared invalid, illegally registered orders of the Justice department of the Zhyloi Distrcit about state re-registration of changes and additions in the CSC charter documents were cancelled.

On the basis of enforced decisions we submitted a claim about collecting lawfully due dividends from the moment of recognition of the property right for 30% share of "TINGS" in "CSC" for the period from 13.08.2008 till 31.12.2013.

In accordance with the state expertise initiated by us, the amount of dividends which are due to our company in accordance with 30% shares ownership makes more than 1 billion tenge! Besides, the amount of state duty paid by "TINGS" from this sum for court hearings made 32 million tenge.

It would seem that justice has triumphed, especially when ASIEC court made the decision and the decision entered into force about the compulsion to present all accounting and other documents concerning the activity of "CSC to "TINGS". However "CSC" evades from execution of this decision judgment to the present day. And ASIEC court judge Sagat Hassan for unreasonable and far-fetched reasons refused in payment of dividends due to "TINGS".

For this reason today we are compelled to make a statement addressed to the public and the RoK Chairman of the Supreme Court Kairat Mami regarding the not adherence to principles and inconsistency of ASIEC court judges. Why, once again, having confirmed the property right of "TINGS" to shares in "CSC", the judge S. Hassan refuses to ensure the compulsory collecting of the legal dividends?

Probably he made this decision under the pressure of Mrs. Kizatova who after each court decision ruled out not in favor of "CSC", writes complaints to the Supreme Court about the corruption in courts. In this connection all judges of economic court are afraid to make fair decisions now. Probably, her influence on ASIEC is so big that the new chairman of Atyrau regional court received her twice, on February 25 and 26 while the official days for reception of visitors fall on Tuesday, February 24.

It’s been 7 years since the moment of the start of judicial proceedings between "TINGS" and "CSC”. Several chairmen of Atyrau regional courts have been replaced. And at the 6th congress of judges the country president Nursultan Nazarbayev stated not in vain that legal proceedings in Kazakhstan are unreasonably dragged out and have unnecessary formalities. We hope that this time the judges will put their foot down and close the chapter of this dragged on case.

Saparbek Otarov, 

TINGS representative.                                                                                               (Sponsored feature)

March 3 2015, 10:52

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