EN+ structures recover more than 1.21 billion rubles from Bitriver
The largest mining operator in the Russian Federation Bitriver has entered into a conflict with a former partner – EN+. The court of first instance in the suit of the structure of EN+ recovered more than 950 million rubles from Bitriver, imposing interim measures. Lawsuit for more than 250 million rubles. Still considered. Bitriver intends to sue EN+ due to the disconnection of its data centers in the Irkutsk region. Lawyers indicate the adopted « strict measures » threatening to paralyze the business.
EN+ structures are recovered in the arbitration court of the Irkutsk region with more than 1.21 billion rubles related to Bitriver, it follows from a file cabinet. Siberian Infrastructure lawsuit (included in EN+) on the recovery of 954.4 million rubles. With the Fox Group of Companies, which owns 49% of the Batriver Criminal Code, the court granted the court at the end of April. As part of the dispute, the defendant and equipment laid down in favor of the plaintiff in ensuring the fulfillment of the performance of delivery obligations were arrested. The court also forbade the defendant to use the laid equipment, indicating the risks of damage.
The other EN+ structure – “bit+” – requires 256.7 million rubles in the Arbitration Court with Bestriver Rus. Within this amount, the defendant’s accounts are also seized, the materials of the court said. According to the Federal Tax Service, operations have been suspended on the Bestriver Rus accounts.
The Federal Tax Service of the Federal Tax Service also has information about the suspension of operations on the accounts of StroyService Plus LLC, which owns 49% of the Batriver Criminal Code. And in the register of legally significant information in April, the publication of the Agency of the Aidi Collector agency appeared about the intention to apply to the court with a statement of bankruptcy “StroyService Plus”.
Bitriver belongs to 15 dates with a total capacity of more than 533 MW, where over 175 thousand units of equipment are located. En+ is the former partner of the Bit+ operator. In the EN+ joint venture, which was created in 2020, was responsible for the supply of electricity to the site in Bratsk, and Bitriver was engaged in its operational management. In April of this year, it follows from the Unified State Register of Legal Entities, the Bitriver structure left the project, transferring 20% EN+to 20%. The latter became the only founder of Bit+.
The “Infrastructure of Siberia” was informed “Kommersant” that the FOX Group of Companies was concluded by the equipment supply agreement. The counterparty made preliminary payment of the goods, but the equipment was not delivered, because of which the contract was terminated, and the “Siberian infrastructure” requested the return of the advance payment and recovering the penalty for the delay.
The owner and general director of Bitriver, Igor Runets, told Kommersant that the equipment was delivered and the Fox Civil Code will appeal the court decision. According to him, one of the episodes of the dispute with EN+ concerns the disconnection of the Bitriver mining data centers in December last year in the north of the Irkutsk region. “Today they work as usual, but the shutdown in December caused several companies in the group, including Batriver RUS and StroyService Plus, significant losses, we also plan to recover them in court,” said Mr. Runet. In addition, according to him, on the fact of disconnecting, the FAS opened a case on the grounds of violation of the competition of competition in the EN+ Irkutsk electric grid company. FAS “Kommersant” said they were conducting an investigation.
The Kommersant source says that Bitriver should have funds for the payment of the entire amount of claims. According to one of Kommersant’s interlocutors, the ban on mining in China in 2021 caused a rapid growth of Bitriver business: there were more sales than available opportunities. And restrictions on mining in the south of the Irkutsk region are unlikely to radically affect the financial situation, he said. Since the end of 2024, a seasonal ban has been operating here, and since April this year – a complete ban until 2031. In 2024, the revenue of Betriver Rus increased by 9.9%, to 10.28 billion rubles, net profit increased by 71.1%, to 202.21 million rubles. Bitriver informed Kommersant that the total revenue of the group in 2024 exceeded 17 billion rubles.
Orchards partner Azat Akhmetov says the case against the Fox Group of Companies developed for the defendant in a very tough scenario, since the “most frightening” measures for any business – the arrest of accounts. This usually paralyzes the business, he points out. The arrest of the property in the lawsuit against the “Beatriver Rus” on the recovery of funds – the measure is very strong and rare, continues Mr. Akhmetov. “Usually, for its adoption, it is necessary to justify the obvious dishonesty of the defendant and an attempt to evade the execution of a judicial act,” he says. Lawyer of LUST Alexander Sorokopood notes that the Fox Group of Companies, having concluded a pledge agreement, limited itself to property. In addition, the court found that the defendant hid the collateral, so the court considered the arrest and the ban on the use justified, the lawyer adds.
According to Azat Akhmetov, since the lawsuit was satisfied in the first instance, the chances of the Fox Group are low to the cancellation of interim measures. To reduce the amount of unjusting in appeal to the defendant, it will be necessary to prove the fact of delivery of the goods on time, which will be difficult, given the restrictions on the submission of new evidence in the court of appeal or if the court of first instance incorrectly set the delivery time, adds Mr. Sorokopud.
The managing partner of WestSade Sergey Vodolagin notes that the court refers to the “facts brought by the plaintiff in the petition” about the possibility of causing disproportionate harm if the court does not arrest. But what kind of facts are this, the court ruling is not said, therefore it is difficult to talk about the proportionality of measures, he points out. Probably, the plaintiff substantiated the petition with an increase in the number of disputes with the participation of the defendant, the presence of a foreign company, abuses in the trial (filing an unmotivated counterclaim, lack of objections to the plaintiff’s arguments), Azat Akhmetov said.
Igor Runet emphasizes that the financial position of Bitriver is stable and all the placed equipment in the data centers works. Interior measures to the Fox Civil Code do not apply, StroyService Plus also continues operational activities and does not experience difficulties, he said.
