January 20 Main results of the day

The Arbitration Court of the Moscow District upheld the decision of the court of appeal, which fully satisfied the requirements of the Client of the Bureau of Lawyers “De Jure” to recover from his debtor a total of more than 44 million rubles of debt. Earlier, the lawyers of the Bureau of Lawyers “De jure” achieved the cancellation of the unfair decision of the Moscow Arbitration Court to refuse to satisfy the claim of their Client and make a decision to satisfy the Client’s claims. The debt to the Client was formed due to the fact that the opponent, having purchased oil products on the terms of commercial lending, refused to pay the accrued interest, as well as the balance of the Principal debt. In court hearings, the defendant tried to mislead the court about the real circumstances of the case, referring to the agreements of the parties on the offset of claims, which, in his opinion, testified to the absence of debt. However, the lawyers of the Bureau of Lawyers “De Jure” managed to prove that the debtor’s interpretation of the terms of the agreements of the parties violates the norms of substantive law, including Article 319 of the Civil Code of the Russian Federation, in connection with which the courts of appeal and cassation instances considered the claims of our Client to be fully justified. The interests of the Client of MCBA “Bureau of Lawyers “De jure” were represented by Yakov Bulut, lawyer, head of the practice of resolving economic disputes.

The Ninth Arbitration Court of Appeal upheld the decision of the Moscow Arbitration Court, according to which the procedural opponents of the Bureau of Lawyers “De Jure” were denied satisfaction of the claim brought against the Principal of the Bureau. The claim was filed to invalidate the supply contract in terms of the provisions on commercial credit with reference to the sham nature of the transaction. The interests of the Principal were represented by Rashid Gitinov, head of practice of MCBA “Bureau of Lawyers “De jure”.

The Moscow Arbitration Court recovered in full court costs in the amount of more than 125 thousand rubles in favor of the Bank, whose interests were represented by MCBA “Bureau of Lawyers “De jure”. Earlier, within the framework of this dispute, the court satisfied the Bank’s claim for the recovery of interest and penalties under a loan agreement in the amount of more than 11 million rubles. The Bank was represented by Sergey Bibikov, senior lawyer of MCBA “Bureau of Lawyers “De jure”.

The Moscow City Court canceled the decision of the Tushinsky District Court to return the statement of claim and ordered the court to accept the claim for proceedings. Earlier, the court of first instance illegally demanded to change the claims, and when the Principal refused to do this, it returned the claim. The appellate instance agreed with the legal position of Yuliy Darinsky, lawyer of the Bureau of Lawyers “De jure”, expressly pointing out to the court that such demands of the court were not based on the law.