November 14 Main results of the day

The Ninth Arbitration Court of Appeal satisfied the appeal prepared by the employees of the Bureau of Lawyers “De jure” and canceled the decision of the Moscow Arbitration Court to suspend the proceedings, sending the case to the court of first instance to continue the trial on the claim prepared by us in the interests of the Principal. Thus, we prevented another attempt by the Defendant to drag out the consideration of a corporate dispute on the recovery of losses from him and his exclusion from the number of participants in the company. The Court of Appeal fully agreed with the position of the Bureau of Lawyers “De jure”, took into account the arguments about the Defendant’s abuse of procedural rights in order to delay the trial, about the absence of legal significance of the status of a third party of the company. The court also took into account the arguments about the absence of grounds for suspending the consideration of this dispute until the decision on another dispute enters into legal force – on challenging by the Defendant the decision of the tax authority to exclude a third party of the company from the Unified State Register of Legal Entities and to restore it as acting. The appeal was prepared by Nikolay Polusitov, senior lawyer of the Bureau of Lawyers “De jure”, and Maria Ovchinnikova, Head of the Department of legal support of contractual and judicial work of the Bureau, took part in the court of appeal.