Our client, the largest grid company in the Southern Russia, has signed a contract with the customer on reconstruction of electrical networks and substations in the Temryuk district of the Krasnodar region. The works were carried out on the basis of the customers requests, and their phased performance was formalized by statements. However, when it came to payment, the customer refused to pay, arguing that the contract, annexes and statements were forged by the client.
We filed a lawsuit against the customer in the Krasnodar Region Commercial Court to recover the costs of works paid and penalties for overdue payment. In addition, we referred to the fact that upon completing the works, parties had a partial settlement, including the disputed contract, accepted by the customer without a word. In court the customer claimed that the evidence provided by ABYs lawyers was falsified, However, the examination appointed by the court confirmed that the signatures and seals of the customer to be authentic.
On September 6, 2021, the Krasnodar Region Commercial Court satisfied the clients claim fully, and recovered work costs of 36 562 304.15 RUB (taking into account previous settlement) and a penalty of 35 418 214.65 RUB.
The Fifteenth Commercial Appeal Court upheld the decision of the first instance court on February 19, 2022.
Senior associate Sergey Radchenko represented the clients in the court of first and appeal instances.Back