Gagik Tsarukyan's Cognac Factory Fails to Pay for Freight Services

Khachatur Torosyan is engaged in freight transportation through his company, "Eghia Torosyan" LLC. Earlier this year, he signed a contract with "Daf Alco Trans" LLC to transport alcoholic beverages from the "Yerevan Ararat Cognac-Wine-Vodka Factory" to the Russian Federation, according to Hetq.am.

According to Khachatur Torosyan, he provided four trucks to "Daf Alco Trans" LLC on a lease but is now owed 16 million 427 thousand drams due to the company's failure to fulfill its obligations. "I have contacted the director of 'Daf Alco Trans' multiple times, and he says the factory hasn't transferred the freight payment to me. I don't know what to do now," says Khachatur Torosyan.

Arthur Mirzoyan, director of "Fresh Trans" company, is also a creditor. He called the Hetq editorial office with the same complaint. Mirzoyan stated that they had even purchased tires on credit to lease vehicles to "Daf Alco Trans," hoping that debts would be settled after payment. Now, the drivers are demanding their wages but cannot be paid.

Arthur Mirzoyan noted that they have signed a contract for freight transportation with "Daf Alco Trans" LLC and exported alcohol to the Russian Federation using 4-5 trucks. "Daf Alco Trans" LLC owes "Fresh Trans" 4 million 166 thousand drams.

"We ask 'Daf Alco Trans,' and they say 'the winery hasn’t paid us, so we can’t pay you.' We are stuck between a rock and a hard place; we can neither push the company because they say they lack funds to pay nor can we tell our drivers not to ask for salaries," Mirzoyan adds.

Directors of several companies also stated that if the issue isn't resolved soon, they will hold a protest in front of the government building with the trucks.

To clarify the situation, we contacted Hayk Grigoryan, the director of "Daf Alco Trans" LLC. He stated that he does not refuse to fulfill his obligations but is currently in a difficult financial situation. Grigoryan described their operations: they have worked with the "Yerevan Ararat Cognac-Wine-Vodka Factory" for many years, transporting the factory's products to Russia and bringing empty bottles back to Armenia. Within a week, they perform up to 30 freight transports.

The "Yerevan Ararat Cognac-Wine-Vodka Factory" LLC is owned by MP Gagik Tsarukyan. 'I didn’t have enough trucks. I have leased trucks from 25 companies and have worked with their vehicles. Now, the factory isn’t paying me, and I can't meet my obligations. I am going bankrupt along with several companies from which I have leased vehicles,' says Hayk Gevorgyan, adding that his debt to the 25 companies amounts to about 84 million drams.

Hayk Grigoryan explained that debts related to two affiliated companies of his towards "Yerevan Ararat Cognac-Wine-Vodka Factory" LLC amount to about 124 million drams, of which 121 million drams is owed to "Daf Alco Trans," and around 3 million drams to "Makhas" LLC. He also mentioned a Russian company, "Shark Alco Trans," which is owed about 390 thousand Russian rubles by the "Yerevan Ararat Cognac-Wine-Vodka Factory."

'My lawyer has contacted the company, requesting that payments be made within five working days, but no explanation has been provided as to why they aren't paying. We have fulfilled our obligations properly, and they have signed all the invoices; there have been no issues, but they are simply not paying,' states Hayk Grigoryan.

Some creditors among the 25 companies are interested in filing a lawsuit for the debt recovery against "Daf Alco Trans" LLC. Accordingly, company directors have approached "Daf Alco Trans," but the director requested a bit more patience. In return, "Daf Alco Trans" and "Makhas" LLC have lodged court claims against the "Yerevan Ararat Cognac-Wine-Vodka Factory" for debt recovery.

"Daf Alco Trans" LLC is on the brink of bankruptcy because we cannot fulfill our obligations to the state and the 25 companies mentioned," Hayk Grigoryan adds.

A 'Freight Transportation Agreement' was signed between "Daf Alco Trans" LLC and "Yerevan Ararat Cognac-Wine-Vodka Factory" LLC on January 8, 2019, under which "Daf Alco Trans" LLC, as the carrier, is obliged to deliver the cargo entrusted to them by the factory to the specified locations and hand it over to the consignee. The freight charge was determined according to the invoices. The parties established a payment procedure, according to which the factory pays the freight company a 60% advance immediately after sealing the vehicle, and the remaining 40% after delivering the cargo to the destination and after customs inspection.

According to the invoices issued on March 29, 2019, "Daf Alco Trans" LLC transported bottles to Roslavl in the Russian Federation and to Moscow and Gus Khrustalny, but to date, "Yerevan Ararat Cognac-Wine-Vodka Factory" LLC has not paid the amounts prescribed by the freight contract.

On April 17, a representative of "Daf Alco Trans" wrote to the factory’s management, demanding payment as stipulated in the contract, but received no response.

"Daf Alco Trans" LLC has filed a debt recovery claim against the winery at the general jurisdiction court in Yerevan. A similar agreement regarding freight transport to the same cities was also signed between "Makhas" LLC and "Yerevan Ararat Cognac-Wine-Vodka Factory" LLC on January 8. To date, the amounts prescribed in the freight agreement haven't been paid. A representative of "Makhas" has also written to the factory’s administration demanding payment, but it remains unanswered.

In June, "Makhas" LLC filed a lawsuit against the winery for debt recovery, which has been accepted for processing.

To clarify the situation, we called the "Yerevan Ararat Cognac-Wine-Vodka Factory." An office worker named Lena stated that after hearing the question, she called back and conveyed the words of the chairman of the board of the "Multi Group" concern, Sedrak Arustamyan: "This is slander; the entity has gone to court, and everything will be clarified through the court – you will see that this is slander. That’s the end of it."