The petition of the S-Service Agro Sp. z o.o.
The Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw at ul. Czackiego 15/17 (“the Company”) informs that on 15 October 2012 it became aware of the information about filing the liquidation bankruptcy petition on 12 October 2012 by the S-Service Agro Sp. z o.o. to the Commercial Department for Bankruptcy and Reorganization at the District Court for Warsaw in Warsaw.
The S-Service Agro Sp. z o.o. was not and is not a Company’s contracting party. The S-Service Agro Sp. z o.o. claim against the Company, in relation to which the respective bankruptcy petition has been filed, is derived from the assignment of the S-Service Agro Sp. z o.o. receivables made by the Company’s contracting party. Pursuant to the agreement concluded with the contracting party, the assignment of the receivables required previous Company’s consent. Due to the fact that such consent has never been given by the Company, the assignment of the S-Service Agro Sp. z o.o. is not valid and the S-Service Agro Sp. z o.o. is not entitled to claim the above-mentioned receivables.
Furthermore, the Company owns the invoice of the contracting party with a payment deadline on 28 October 2012. Nevertheless, the invoice with a payment deadline on 13 October 2012 was submitted to the liquidation records. Thus, the payment deadline of the above-mentioned invoice has not yet expired and, therefore, for the time being, the respective receivables are not required.
Considering the above-mentioned, the documents enclosed to the bankruptcy petition raise justified doubts as to its authenticity and, in Company’s opinion, they did not constitue the basis for filing a bankruptcy petition.
Due to the Company’s suspicion that the invoice has been fabricated and used as an authentic document, the Company intends to report a notification on suspicion of committing a crime to the Prosecutor’s Office.