The winner of the purchase did not sign the contract on time. The customer recognized it as evaded and sent the information for inclusion in the RNP.
The Supervisory authority found that the winner also failed to provide security for the performance of the contract: data on the Bank guarantee, in its opinion, was not in the register. Information about the winner was included in the RNP.
The courts did not agree with this decision. The contractor did not want to avoid entering into the contract, because:
-the delay occurred due to the fact that the person authorized to sign the contract was on a business trip. This is confirmed by documents;
the parties corresponded about the possibility of signing the contract later;
-there is no information about non-compliance of the Bank's security guarantee in the Protocol on recognition of the winner as an evader. This means that the customer had no complaints. There is no data in the decision of the controllers;
the Bank confirmed that the guarantee information is in the register;
the winner wanted to buy a product for the performance of the contract, because he made an advance payment for it.
There is no reason to include it in the RNP.
Document:Resolution of the AC of the Ural district of 10.11.2020 on the case N A76-43369/2019