The Court of Appeal upheld the decision of the Moscow Arbitrazh Court, which satisfied the claim of our Italian client to recover from the Russian defendant over EUR 229 000 of debt and default interest.
Earlier the Moscow Arbitrazh Court satisfied the claim of our foreign client – the Italian company dealing with production and sale of vending machines, and recovered from the debtor – the Russian company, the outstanding debt of supplied vending machines of EUR 203 242,00, default interest of EUR 26 225,39, as well as court costs.
During the court proceedings, the defendant used all possible means to delay the resolution of our claim; in particular, it filed an application on fabrication of the supply contract and asked the court to arrange for a handwriting expert examination. In response to this application, our lawyers immediately made a motion on discovery of the transaction certificate under the supply contract from the debtor’s bank. The debtor’s bank promptly provided the court with all available documents, including the supply contract itself, which was identical to the contract filed to the court by our lawyers, as well as payment documents confirming the execution of the said contract by the defendant.
In addition, our lawyers prepared written explanations to the application on fabrication, which contained, inter alia, judicial practice and interpretations of the Russian Supreme Arbitration Court in relation to the verification procedure of applications on fabrication of evidence. As a result, the court agreed with our arguments that the application on fabrication of evidence could be verified pursuant to the documents available in the case without any expert examination. Thanks to the prompt actions of our lawyers we succeeded in stopping the misconduct of the defendant and recovering from it the debt in full amount
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