October 16 Main results of the day
Ekaterina Bulygina, the Bureau’s senior lawyer, today managed to defend the Principal’s right to early recovery of debt under the loan agreement.
The Moscow City Court overturned the decision of the Butyrsky District Court of Moscow, which refused to satisfy the Principal’s demands for early collection of debt under the loan agreement. The appellate instance agreed with the Bureau’s arguments that repayment of overdue debt after submitting a demand to the court for early repayment of the loan cannot be a basis for refusing to satisfy the Principal’s claims. As a result, the Moscow City Court issued an appeal ruling, by which the claims of the Principal Bureau were satisfied in full, the entire amount of debt under the loan agreement was collected, including interest and penalties until the loan repayment date, and the mortgaged property was foreclosed on.
Mission Impossible 2: defeat the Moscow Government in court and defend another building of the principal. The Moscow Government and Moscow City Property Department filed a lawsuit against the Principal for the demolition of a building with an area of more than 1.9 thousand square meters. In support of the claim, the state authorities referred to the fact that the land plot under the building was not provided for construction purposes and the building itself was erected without permits. During the dispute, Rashid Gitinov, Head of the dispute resolution practice with government bodies, managed to defend the position that the building was built in full compliance with the legislation in force during the construction of the facility, presenting convincing evidence of this. Rashid also proved the fact of missing the statute of limitations, which, taking into account the results of the forensic examination of the absence of a threat to the life and health of citizens, is an independent basis for rejecting the claim. As a result, the Moscow Arbitration Court recognized the groundlessness of the claims made by government agencies and rejected the claim in full.
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