March 2 Main results of the day

The Arbitration Court of the North Caucasus District has put an end to the court case involving our Principal, which was considered in the most unexpected way by lower courts for more than two years. The main thing for us and our Principal is that a complete victory has been achieved in the case, the claims against the Principal have been completely denied! The crux of the matter was that the Principal’s unscrupulous counterparty tried to challenge several transactions worth more than 100 million rubles. To do this, he artificially had been creating the appearance of a corporate conflict between his founders in order for the courts to recognize the transaction as unapproved by the majority of votes of the founders of the opposing company and, as a result, apply the consequences of the invalidity of the transactions and recover hundreds of millions of rubles from the Principal. The matter was complicated by the fact that our opponents did not hide their influence and high-ranking connections in the regions where the courts were located. At the same time, we challenged the court of first instance several times, as well as experts who were obviously interested in a positive outcome of the case for our opponents.  In the end, we succeeded in replacing the judge, in connection with which, by the decision of the court of first instance, the claim against our Principal was completely dismissed. Unfortunately, the Court of Appeal adopted an unreasonable decision, in the text of which it completely distorted the circumstances of the case and kept silent about the evidence presented by us, despite the fact that we insisted on their decisive importance for the consideration of the dispute for four consecutive sessions. The violations of the Court of Appeal were so significant that in addition to the cassation appeal, we also decided to file a complaint against the judges with the High Qualifications Board of Judges of the Russian Federation, which is currently being considered. Having heard our arguments, the Court of Cassation could not believe that the lower court had committed such gross violations, and even announced a break for a couple of days to study the circumstances of the case in more detail. In the end, all our arguments were confirmed, and the Court of Cassation canceled the illegal decision of the Court of Appeal, leaving in force the decision of the court of first instance, which completely satisfied the Principal, to refuse to satisfy the illegal claim against the Principal. It is also noteworthy that the victory in the arbitration case helped us to prove the illegality of the criminal case initiated against the Principal, based on the same circumstances, and to achieve the termination of the proceedings due to the absence of a crime event. The interests of the Principal in the arbitration courts in this case, as well as in law enforcement agencies, were carried out by Yakov Bulut, lawyer of the Bureau of Lawyers “De jure”.