MOSCOW, April 2 - RAPSI. The Supreme Commercial Court has dismissed a request filed by Mezhprombank depositor Sergei Yarlominski to reconsider court decisions refusing to include his $3.11bln claims in the bank's schedule of accounts payable.
The Moscow Commercial Court held against Yarlominskis claim on June 10.
According to Yarmolinsky 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 charged interest on 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 claims of 5,726 rubles ($194).
In its decision the court proceeded from the July 1994 supplementary agreement to the depositary contract. Under the agreement the interest rate was reduced to zero.
The court decision also reads that Yarmolinsky knew that the interest was not charged as early as in January 1995 according to the banks statement of account for the depositor to submit to tax inspectorate. Therefore, the three-year statute of limitations has expired.
At the trial court hearing Yarmolinsky did not admit that he signed a supplementary agreement but never stated it was falsified.
However, he filed another lawsuit to declare the July 1994 supplementary agreement null and void. In February 2012, the court turned his claim down.
The media earlier reported that Yarmolinsky is a renowned banker. He was a Guta Bank Vice President and a MMC Norilsk Nickel Deputy General Director.
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.