In this case our opponents decided to throw a simulated litigation challenging the transaction and the assignment of rights between two controlled entities to obtain a court decision that established that our client owned a debt of 431 million RUB to the plaintiff. Our client was involved in this case as a third party, in order to spread the legal force of a court decision.
The Novorossiysk Oktyabrsky Court dismissed the claim but obligated the client to pay 431 million RUB to the plaintiff. The Krasnodar Regional Court upheld the decision.
ABY’s lawyers filed a cassation complaint into the Supreme Court of the Russian Federation, but it dismissed our request to transfer the case to the Judicial Division for Civil Cases on February 27, 2019.
According to the Code of Civil Procedure of the Russian Federation, art. 381, part 3, we filed a cassation complaint addressed to Chairperson of the Supreme Court. On June 17, 2019, the Deputy Chairperson of the Supreme Court dismissed the said decision dd.27.02.2019, transferred it to the Judicial Division for Civil Cases of the Supreme Court. The Deputy Chairperson also satisfied our petition on period restoration for filing a cassation complaint.
On August 12, 2019, the Judicial Division for Civil Cases decided on the case № 18-КГ19-45 as follows: to cancel the appeal ruling of the Krasnodar Regional Court and return the case for a new consideration.
Yuri Pustovit, Managing partner of ABY, and Senior associate Sergey Radchenko represented the client’s interest in the Supreme Court of the Russian Federation.Back