In the dispute before the Commercial Court regarding the lawsuit filed by the Canadian company Eviana Health Corporation (EHC) against the companies Montenegro Bio Science, Ramel and Prijestonica Cetinje, the submission of Prijestonica's lawyers was accepted yesterday Dejan Raičević in which he asked for additional time to prepare for the hearing, so the hearing was postponed to September.
The Canadian company, in a consortium with Montenegro Bio Science (MBS) from Podgorica and Ramel from Nikšić, was supposed to build facilities for growing industrial hemp and extracting CBD oil from its flower in the halls of the former "Obod" factory in Cetinje. The Montenegrin companies gave up on this job, which is why EHC claims that it was cheated and demands compensation of 200.000 euros, out of a total of 300.000 that it paid as a bank guarantee for this job on behalf of all three companies. Eviana is asking the Commercial Court to oblige the Capital City of Cetinje (the third defendant) to terminate the lease agreement with the consortium.
Judge Nina Jovovic yesterday adopted the submission of lawyer Raičević, who suggested postponing the hearing because he has been familiar with the case since July 4. The court therefore scheduled the continuation of the dispute for September 28.
According to the business plan, the consortium was supposed to invest 10 million euros and employ 100 workers. However, the local parliament terminated the contract with the consortium in May 2021 due to non-execution of the contract and inability to finance the project. When signing the contract, the consortium undertook to invest at least 10 million euros in a period of two and a half years and to allocate at least 10 percent of the realized net profit to the account of Prijestonica. The tenant undertook to pay the monthly rent as well, that is, to pay 660 euros annually to the checking account of Prijestonica, which in the end did not happen.
According to the details of the lawsuit, the consortium agreement stipulated that MBS should be the holder of the guarantee for this work, but since it did not do so, the Canadian company paid 300 euros to the Capital of Cetinje on behalf of all three partners, which were supposed to serve as cash collateral for guarantee.
The lawsuit further states that the corona is coming and that the Montenegrin members of the collegium are giving statements that they are leaving the consortium and that they do not want to continue the project.
"Given the fact that the plaintiff paid 300.000 euros for himself and on behalf of the defendants, he has the right to return a proportionate amount of money. The consortium agreement stipulates that the members are jointly and severally jointly and severally responsible not only for the assumed obligations towards third parties, but also for all other obligations arising from the offer and from the real estate lease agreement that is the subject of the tender. Therefore, it is a question of mutual joint and several obligations when it comes to all possible mutual claims", the lawsuit states.
EHC also believes that it has the right to refund part of the money under the Law on Obligations, as well as in accordance with the Law on Civil Procedure.
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