A REQUIREMENT NOT PROVIDED BY LAW DOES NOT EXCLUDE ITS SATISFACTION BY THE COURT

As part of the bankruptcy case (No. А43-27511/14), an application was filed to declare the ruling of the arbitration court unenforceable. Earlier, the court invalidated the transaction for the transfer of bills between the debtor and the applicant.

As a result of the applicant's failure to comply with the restitution claim, the court recovered damages from the former executives of the debtor, and the claim was enforced by one of the defendants in his own bankruptcy case.
Referring to the fact that the debtor, who actually received compensation from the beneficiary, is not entitled to demand further execution from other solidary debtors, including from the applicant, the latter applied to the court to declare the ruling unenforceable in the part relating to the recovery of funds.

The Court of First Instance granted the application. However, the appeal and cassation did not agree with him, which indicated that such requirements were not provided for by law and refused to satisfy the application.

The Supreme Court of the Russian Federation referred the cassation appeal to the judicial board, noting that the repayment of a debt to the debtor under a judicial act on damages entails the termination of recovery in favor of the debtor on a restitution claim.

Photo: Freepik