January 19 Main results of the day

The Arbitration Court of the Moscow District resolved the dispute in favor of the Principal, sending the case for a new hearing. A dispute arose between the buyer (Principal) and the supplier on the basis of disagreements regarding the volume of the delivered goods and the final balance between the parties. The supplier claimed that he had delivered the goods in full, and the Principal was delaying payment of the debt, and therefore, according to the decision of the court of first instance, which was left unchanged by the court of appeal, he collected the debt and a penalty from the Principal in the amount of more than 388 million rubles. The head of the practice of economic disputes, Yakov Prisyazhnyuk, and the senior lawyer of the practice of economic disputes, Ruslan Katana, managed to prove in the court of cassation that the penalty was unlawfully collected by the supplier for the period before the date of conclusion of the contracts, and the delivery was carried out in violation of the terms of the contract. As a result, the Arbitration Court of the Moscow District annulled the judicial acts of the lower courts and sent the case for a new hearing to the court of first instance.

The bankruptcy trustee of a bankrupt construction organization applied to the arbitration court to request documents from a legal entity – a client of the Bureau, which could entail the threat of challenging transactions between the Bureau’s client and the bankrupt debtor, within the framework of which the client provided services under construction contracts. Lawyers from the practice of supporting bankruptcy procedures managed to repel the manager’s demands and prove that the documents he requested were previously been seized by investigative authorities in the framework of a criminal case related to the circumstances of the bankruptcy of a construction company. Relevant evidence was presented in the case materials, the court accepted the position developed by the Bureau’s lawyers and refused to satisfy the bankruptcy trustee’s application. The project was accompanied by Viktor Pokormyak, lawyer, member of the Bureau’s Presidium, and Alexandra Reznichenko, lawyer at the bankruptcy dispute resolution practice.