After the decision was overturned in cassation, recovered RUB 2.6 million from the debtor

The Commercial Court of the East Siberian District (Арбитражный суд Восточно-Сибирского округа) overturned the first-instance decision and the appellate ruling and sent the case for a new hearing.

The cassation instance indicated that, given the disagreements between the parties over the scope of services rendered and the contradictions in the evidence, the lower courts had not taken all necessary measures for a comprehensive and complete examination of the case.

After that, the dispute effectively had to be conducted anew, taking into account the conclusions of the cassation instance.

After the case returned to the Commercial Court of the Krasnoyarsk Territory, the work on the dispute continued.

During the new hearing, the plaintiff’s claims were clarified.

Montazhnye Tekhnologii LLC claimed recovery of RUB 2,607,022.47 of unjust enrichment.

The court accepted the clarification of the claims and continued considering the dispute based on the new amount claimed.

Following the new hearing, the claims were satisfied.

Returning a case for a new hearing means that the court process effectively begins again, taking into account the instructions of the higher court.

In such a situation, it is not enough to repeat the previous position.

It is necessary to take into account the reasons for overturning the rulings, reassess the evidence, eliminate the contradictions identified by the court and, if necessary, adjust the claims.

In this case, after the initial rulings were overturned, the client’s claims were substantially increased — from the initial RUB 813 thousand of principal debt to RUB 2.6 million.

At the new hearing, the court satisfied the plaintiff’s claims.

After the new hearing, the dispute again passed through the higher court instances.

By a ruling of the Third Commercial Court of Appeal (Третий арбитражный апелляционный суд), the decision following the new hearing was left unchanged.

The defendant continued to appeal.

On 28 April 2021, the Commercial Court of the East Siberian District also left the decision of the Commercial Court of the Krasnoyarsk Territory and the appellate ruling unchanged.

The defendant’s cassation appeal was dismissed.

After the main dispute was completed, the client filed a separate application for reimbursement of the expenses incurred during the case.

This included the expenses for the legal assistance of Konsultant Law Firm and travel expenses related to participation in the court hearings of the appellate and cassation instances.

The court separately examined the volume of the representatives’ work, the complexity of the case, the procedural documents and participation in the court hearings.

The court recognized RUB 135,000 of expenses for the legal services of Konsultant Law Firm as reasonable and justified in full.

The court additionally recognized part of the client’s travel expenses as justified.

In total, by a separate ruling, RUB 235,724 of court costs was recovered from Severnybyt LLC in favor of Montazhnye Tekhnologii LLC:

• RUB 235,724 of court costs.

Konsultant Law Firm represented the interests of Montazhnye Tekhnologii LLC in the dispute with Severnybyt LLC.

Nikolay Nemkov participated in the court proceedings as the plaintiff’s representative.

The work on the case included analyzing the materials and evidence, forming the legal position, preparing procedural documents, representing the client’s interests in the court instances and the subsequent recovery of court costs.

Of particular importance was the work after the initial rulings were overturned: the case required a new hearing and an adjustment of the claims in light of the further examination of the circumstances of the dispute.