We love to stay on trend, so we are happy to prepare a separate post summing up the results of 2024, which turned out to be rich in important events.
The Arbitration Court of Moscow has fully satisfied the claims of the Principal of MCBA “Bureau of Lawyers” De jure”.
The Principal applied to the Bureau of Lawyers “De jure” with the problem of collecting funds under two loan agreements. Despite the low fee for using the loans, the Defendant violated the obligations to return the funds. As a result of the work carried out by Vladislav, the court satisfied the Principal’s claims and recovered more than 8 million rubles from the debtor.
In addition, the claims of the Principal for the accrual of interest for the use of funds, the accrual of penalties on the date of the actual execution of the court decision have been satisfied, which will increase the Defendant’s debt to the Principal and encourage the Defendant to execute the court decision in a short time.
The interests of the principal were represented by Vladislav Alekhine, lawyer of the Bureau of Lawyers” De jure”.
The Arbitration Court of the Moscow District upheld the decision of the first instance and the decision of the appeal, by which the court refused to satisfy the claims of the counterparty of the Principal of the Bureau of Lawyers “De jure” for the recovery of losses on bank guarantees.
During the consideration of the dispute, the lawyers of the Bureau of Lawyers” De jure” managed to prove that, despite the Principal sending a notice of suspension of work under the contracts, this requirement was not fulfilled by the Subcontractor, and the work was continued.
At the same time, in violation of the terms of the security agreements, the fulfillment of obligations for the period of work (bank guarantees for the period after notification of suspension) was not provided. Due to the terms of the contracts, bank guarantees ensured the fulfillment of all obligations under the contracts, including the obligation to extend guarantees for the period of work, and not providing guarantees entailed liability in the form of a fine.
Thus, Ilsur Zakirov, senior lawyer of the practice of resolving disputes with government agencies, managed to prove the legality of writing off guarantees as a fine.
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