The Ministry of Industry and Trade filed a lawsuit against JSC NPC Elvis, which could bankrupt it.
The data was obtained using the file cabinet of the Arbitration Court and the public procurement website. The lawsuit for half a billion rubles, apparently, stems from the fact of non-fulfillment of a state contract for the manufacture of space microcircuits. Its satisfaction will significantly complicate the financial situation of one of the leading microcircuit design centers in Russia. References to force majeure may not work, but even if they are accepted by the court, this will not completely relieve the defendant from the obligation to fulfill obligations.
In accordance with the filing cabinet, the Ministry of Industry and Trade of Russia filed a lawsuit against the company in the Arbitration Court of Moscow on June 30. The statement of claim is not published in the file of arbitration cases. So far, only the amount of the claim is known - 512,276,100 rubles, the requirements in general terms, and the details of the contract. The database also contains a judge's decision to leave the claim without progress (the proceedings on it were not initiated, but the document was not returned) before providing data on the notification of the defendant's appeal to the court. The violations committed when filing a claim must be eliminated by August 8, otherwise it will be returned to the applicant.
The definition also contains data on the essence of the dispute - the recovery of a penalty for half a billion rubles under a state contract dated November 29, 2016. This date corresponds, according to the public procurement website, to the date of the conclusion of a contract with the Ministry for the development and creation of microcircuits intended for satellites in the amount of 550 million rubles. The website presents a claim of the department, indicating that the defendant did not meet the deadlines for testing samples that were supposed to be made by 06/30/2019.
There is evidence that in 2021 JSC SPC Elvis managed to earn only 1 billion rubles, while in 2021 it was two and a half times more. Net profit amounted to only 2.5 million rubles.
In his defense, the defendant is unlikely to be able to refer to the sanctions of 2014, since at the time of the conclusion of the contract in 2016 he already knew about them. The sanctions of 2022 came after the fact of violation of obligations was fixed. In addition, force majeure does not exempt from the performance of the main obligation. There is a possibility of reaching any compromises during the consideration of the case, since it is obvious that the company cannot fully fulfill its obligations to test images due to lack of access to factories. At the same time, the Ministry of Industry and Trade could not delay filing a lawsuit; this could cause criticism from the supervisory departments.
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