The closed joint-stock company "Uni Trust" appealed to the Moscow Arbitration Court with a claim to the Joint-Stock Commercial Bank "Tokobank" and the Joint-Stock Development Bank "Promradtechbank" to recover 74,000,000 rubles. penalties for late fulfillment of obligations under the contract for the sale of securities from ZOL0.95 73-KO.
Is the claim subject to satisfaction? The following circumstances are known. JSCB "Tokobank" (seller) and AOZT "Uni Transt" (buyer) entered into an agreement for the sale and purchase of securities dated 30.10.95 73-KO, according to which the seller sells, and the buyer undertakes to pay and take ownership of 500 pieces of Treasury obligations of the Ministry of Finance Russia series B-0210408 with a nominal value of 1 million rubles. a piece.
According to clause 3.1. of the contract, the seller undertakes to transfer securities to the buyer by transferring them to the custody account of the buyer. The execution of the transaction at the authorized bank is entrusted with clause 3.3 of the contract to the seller, which by submitting a transfer order reissues the securities to the buyer's custody account in the depositary of the authorized bank on the next business day after signing the contract.
In case of violation of the period of re-issuance of securities, the contract provides for liability in the form of penalties in the amount of 0.5% of the value of treasury obligations for each day of delay in processing. The payment of treasury obligations was made by AOZT "Uni Transt" to the account of JSCB "Tokobank" with a payment order dated 11/01/95 1060. Transfer order
Treasury obligations delivered by the seller to the ADB "Promradtechbank" 10/31/95, i.e. the day after the conclusion of the contract. However, the mentioned order was not accepted by ADB Promradtechbank due to the lack of grounds for transferring treasury bills from the depo account of Tokobank JSCB to the depo account of Uni Trust.
Missing data was received from the buyer on December 4, 1995, so the transfer of treasury bills to his account was made by the authorized bank only on December 5, 1995, as evidenced by the personal account history of December 7, 1995 KO / 003782, notification of December 6, 1995, 4-1237, and ADB explanations "Promradtehbank". Thus, the period of re-registration of securities was violated.
Clause 6.2 provides for liability of Tokobank (for delay in re-issuing treasury bills). ADB "Promradtechbank" does not have a contractual relationship with AOZT "Uni Trust". Highlight the problem, decide the case.

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