COURT NOTICE ? SENDING A COPY OF THE APPLICATION TO THE DEFENDANT

As part of the bankruptcy case, the company appealed to the court against the decision to declare the debtor bankrupt regarding the inclusion of the creditor's claim in the register (case No. A58-7278/23).

The Court of Appeal refused to restore the time limit for appeal, concluding that the applicant was aware of the existence of an application for bringing him to subsidiary liability from the moment he received the mail from the creditor.

The cassation sent the dispute for a new appeal, noting that the court of appeal limited itself to establishing the fact that the company had received an application for subsidiary liability by mail, which does not indicate that the commercial court had notified persons of the acceptance of the application for production.

Since the court of appeal did not investigate the issue of proper judicial notification of the company, the refusal of the court of appeal to satisfy the applicant's request to restore the missed deadline for filing an appeal is premature.