SIA OLMAFARM is pleased with the court decision rejecting Black Duck Invest's application for securing the claim. As already reported, Black Duck Invest, involved in the adverse takeover of assets, tried to prohibit the payment of dividends to all shareholders of JSC Olainfarm, as well as tried to ban the dismissal of Kārlis Krastiņš and Haralds Velmers, members of the Supervisory Council of JSC Olainfarm, who are involved in the fraud case.
After getting acquainted with the case materials, SIA OLMAFARM has grounds to conclude that Black Duck Invest a.s. has deliberately misled the court by indicating in the application for securing the claim false information that SIA OLMAFARM cannot be reached and is avoiding contact with Black Duck Invest a.s.
Among other things, the application deliberately omits the fact that on April 30, 2021, Black Duck Invest a.s. representatives Vojtěch Kačena and Tibor Bokor were in Riga and met with Jānis Kiršblats, a member of the board of SIA OLMAFARM, handing over a copy of the share purchase agreement to Jānis Kiršblats.
In addition, Black Duck Invest a.s. has contradicted itself because it added to the case a reply by the authorized representative of SIA OLMAFARM in the Czech Republic to Black Duck Invest a.s. on May 12, 2021, which clearly states the position of SIA OLMAFARM regarding the illegal actions of Black Duck Invest a.s. in connection with which criminal proceedings have been initiated with the State Police. Thus, SIA OLMAFARM has clearly and unambiguously informed Black Duck Invest a.s. that it considers its attempts to acquire the shares of JSC Olainfarm and any related activities to be illegal and criminal.
Furthermore, SIA OLMAFARM has established that two different copies of the share purchase agreement have been submitted to the court, moreover, the two copies of the agreement submitted to the court do not correspond to the copy of the agreement which Vojtěch Kačena on April 30, 2021 gave to Jānis Kiršblats, member of the board of SIA OLMAFARM. As a result, there are currently at least three different copies of the contract, which once again proves that the documents have been forged. SIA OLMAFARM believes that this further indicates the dishonest nature of the activities by Black Duck Invest a.s., trying at all costs, including misleading the court, to take control of JSC Olainfarm and restrict the legal rights of SIA OLMAFARM as the largest shareholder of JSC Olainfarm, which includes the rights of a co-heir of SIA OLMAFARM, a minor.
One of the key elements of an adverse takeover of assets is the effort to channel illegal transactions through the judiciary in order to make them seem legal. SIA OLMAFARM hopes that the Latvian courts will continue to carefully evaluate the information and documents provided by Black Duck Invest so that the Latvian justice system is not used to legalize adverse takeover of assets.