April 12 Main results of the day

The Sixteenth Arbitration Court of Appeal upheld the ruling of the court of first instance on the recovery of court costs in favor of the Principal and refused to satisfy the appeal of the opponents. In addition, the court costs of the Principal were collected from the Appellant when considering the appeal. Thus, not only the amount of the Principal’s repayable claims in the bankruptcy procedure has been increased due to the exclusion of a fictitious creditor from the case in the court of first instance, but also the costs of judicial representation have been compensated. The interests of the Principal were represented by Roman Volkomorov, lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”, Ksenia Stikhina, senior lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”, also took part in the preparation of the legal position.

The Arbitration Court of the Moscow Region satisfied the Principal’s application to recognize his claims as secured by a pledge in the framework of the debtor’s bankruptcy case. Lawyers of the Bureau of Lawyers “De jure” proved the illegality of the objections of the competing creditor by providing a significant amount of evidence of the reality of the transactions. The “De jure” arguments were so convincing that the Principal’s claims were satisfied, despite the fact that the opponent is challenging the pledge agreements on the basis of which the claims were filed, as well as the decision of the court of general jurisdiction to foreclose on the pledge, with a separate dispute. At the same time, the lawyers of the Bureau drew the court’s special attention to the lack of prospects for disputes initiated by a competing creditor, as a result of which the court had no doubts about the validity of the Principal’s claims. The interests of the Principal were represented by Ksenia Stikhina, senior lawyer of the Tyumen branch of the Bureau of Lawyers “De jure”.

The Moscow Arbitration Court satisfied in full the claim of Yuliy Darinsky, the Principal of the lawyer of the Bureau of Lawyers “De jure”, against PJSC Vympel-Communications on termination of the contract and recovery of debts, fines and penalties totaling more than 2 million rubles. The essence of the dispute was the Defendant’s failure to fulfill its obligations to supply cash registers. At the same time, the Defendant did not respond to the demands for the return of the received 100% prepayment and termination of the contract. As a result, the court agreed with all the arguments of Yuliy Darinsky, terminated the disputed contract and collected the amount of the debt in full.