Badri Patarkatsishvili’s Family Appeals Against the Tbilisi City Court Verdict
May 30, 2008
Family of the deceased businessman, Badri Patarkatsishvili appealed against the Tbilisi City Court verdict of May 14, according to which Patarkatsishvili’s family members – his spouse and daughters are forbidden to take any judicial or actual motion regarding the businessman’s heritage property. According to the same verdict the plaintiff Joseph Kay is granted the right to take any motion he thinks necessary regarding the property of the businessman and philanthropist.
As they declared at the Tbilisi City Court, Patarkatsishvili’s family appealed on May 27, requesting the above mentioned verdict to be overridden.
According to the above mentioned verdict Judge Diana Berikashvili complied with Kay’s announcement on securing the suit.
Joseph Kay appealed to the Tbilisi City Court; he filed a suit on May 7, 2008 with a request to be acknowledged as Patarkatsishvili’s heir. Later Kay applied to the cour t with a request to secure the suit.
As Kay clarifies, the defendant, Patarkatsishvili’s widow tries to gain control and right over Patarkatsishvili’s heritage property through her daughters, without considering rights of other heirs, or the will of heritage manager and the will’s executor.
In his announcement Kay requested the Patarkatsishvilis to be forbidden to take any judicial motion over Patarkatsishvili’s property, including the property alienation, until the case is settled.
At the same time, Kay requested to be granted the right to “take any motion that he will consider necessary regarding Arkadi (Badri) Patarkatsishvili’s heritage collection and maintenance, as well as its sale”.
In the announcement of Patarkatsishvili’s family, spread by Georgian news agencies on May 29 it is noted that the Tbilisi City Court didn’t notify either the businessman’s family or the family lawyers about the abovementioned verdict.
“Patarkatsishvili’s family members accidentally learned that the Tbilisi City Court passed the verdict covertly on May 14, 2008. According to the verdict Badri Patarkatsishvili’s heritage was transferred into the management of his remote relative Soso Kakiashvili.
The verdict of the city court is based on the questionable document that according to Kakiashvili, Badri Patarkatsishvili handed him prior to his death. The paper, as a forged document, has already been appealed against in the American court,” – it is noted in the statement. It is also stated that “the Tbilisi City Court, having passed the verdict that lacks any judicial basis suppresses efforts of the businessman’s wife and daughters to defend and execute their rights of being Badri Patrkatsishvili’s legal heiresses”.
The statement also features assessment of the Patarkatsishvilis family lawyer, Lasha Birkaia regarding the above mentioned verdict of the Tbilisi City Court.
“Georgian court gave Kakiashvili the right that should have been granted after the case was settled. Hence, Georgian court settled current argument in advance. It is unimaginable for court to grant such extensive rights without the case hearing, what’s more, on the basis of feeble and suspicious proofs. One of the purposes of the above mentioned verdict is to block any claims of Badri’s widow and his daughters over the heritage, which violates their civil rights,” – declared Lasha Birkaia.
It is noted in the announcement that Badri Patarkatsishvili’s spouse and his children are protesting Kakiashvili’s motion in America, as Kakiashvili is the citizen of the U.S., as well as in all the countries where the businessman possessed property. “Kakiashvili couldn’t convince independent courts of other countries that he is the lawful manager of the businessman’s property. He could gain control on Patarkatsishvili’s assets in Georgia only, under a very suspicious conditions; including Imedi-Contact, Techno-Media and Imedi TV-Radio Company,” – it is noted in the statement.
The businessman’s family is currently investigating Kakiashvili’s work worldwide and as it is noted in the announcement, they have already collected number of evidences about Kakiahsvili abusing his authority.
“The documents at Kakishvili’s hand, which he uses as an argument in Georgian court, are very suspicious: Kakiashvili declares that by signing the papers Badri Patarkatsishvili gave Kakiashvili legal right to manage his assets and business. Witnesses, who allegedly attended the process of drawing up the papers by Patarkatsishvili, testify that such a thing has never happened and couldn’t have happened either. Additionally, an independent examination of the documents hasn’t been held; Kakiashvili, despite the demand of the New-York Court, hasn’t yet presented the original papers to anyone. Georgian court received only incomplete copies of photos out of the documents. Unfortunately, these unverified “evidence” turned out to be acceptable for the Georgian court,” – it is written in the announcement of Patarkatsishvili’s family. Interests of the Patarkatsishvilis will be defended by a group of lawyers, headed by Lord Goldsmith, former prosecutor general of Britain, as well as the council of international business-consultants.
Source: Media.Ge; May 2008
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