The staff of Samarqand Darvoza (SD) MALL on January 28 turned off the power supply to the trading floor and warehouse of the Makro supermarket chain (Darvoza Savdo).
Makro's lawyer Sergey Arutyunyan said that the power outage is considered a direct violation of the lease agreement and added that the news story about the opening of two Carrefour supermarkets in Samarqand Darvoza and Compass shopping malls by the Dubai-based Majid Al Futtaim surfaced on January 7, while the contractual relationship between Samarqand Darvoza and Makro had not yet been over (the lease expired on January 19).
Makro said that the mall is obliged to offer on equal lease terms with other applicants. According to Sergei Arutyunyan, Carrefour's stroy implies the existence of an already eneterd into deal, which infringes on Makro's preemptive right.
Carrefour reported that they had only stated the fact of signing of a cooperation agreement with an Uzbek-Omani investment company to launch supermarkets in two shopping malls.
Makro representatives also said that on January 6 they received a letter from the administration of the mall with a proposal to sign a Return act of the rented premises - SD MALL.
The company considers this unreasonable, as well as violating the law. In particular, during the lease validity period, SD MALL did not receive any lease claims against Makro. In addition, Makro has repeatedly proposed to SD MALL to extend the contract for the next 10 years with an increase of the lease payment figure.
On January 8, the supermarket chain demanded from the administration to offer them to enter into a lease agreement for a new term on equal terms with third parties, but was refused in response.
Makro's lawyer said that the dispute could not be settled out of court, for this reason they had to file a lawsuit. The goal is to renegotiate an agreement on equal rights and on terms of pre-emptive right.
Now Makro in Samarqand Darvoza has suspended business, “perishable products have been taken out, more than 300 people are not working, the chain is incurring reputational costs, and hundreds of customers feel inconvenient,” the chain added.
SD MALL has not yet commented on the situation.
Earlier, Makro chain manager Roman Sayfulin said that Carrefour's announcement to open stores instead of Makro in Compass and Samarqand Darvoza was "unexpected" and "overwhelming", "especially given the unfinished contractual relationship."
