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15 February 1970 The fall of the Chelyabinsk meteorite1970 The fall of the Chelyabinsk meteorite1970 The first hearing of the International Court of Justice was opened in Hague1970 The first meeting of the International Court of Justice was opened in Hague1970 The first line of Berlin's metro was opened1970 The first line of Berlin's metro was opened
IF THE DEBTOR'S DOCUMENTS WERE SEIZED BY THE TAX SERVICE, IT WILL NOT BE POSSIBLE TO CLAIM THEM FROM THE EX-HEAD
IF THE DEBTOR'S DOCUMENTS WERE SEIZED BY THE TAX SERVICE, IT WILL NOT BE POSSIBLE TO CLAIM THEM FROM THE EX-HEAD
The manager appealed to the court with an application for the recovery of the debtor's documents from the defendants (case No. A40-249177/21).
Partially satisfying the application, the courts of two instances proceeded from the fact that the defendants had not fulfilled the obligation to transfer the requested documents, seals, stamps and material assets of the debtor to the manager, however, this circumstance prevents the manager from fulfilling the duties assigned to the Bankruptcy Law, in connection with which it was recognized possible to establish a penalty in case of non-execution of a judicial act.
The cassation sent the dispute for reconsideration, pointing out that in the case in question, the defendant objected to the manager's claim that it was impossible to transfer the requested documents, seals, stamps of the debtor due to their seizure by the tax authority as part of a tax audit with reference to the decision of the inspectorate.
Thus, the objections raised were convincing and subject to detailed verification. However, the courts, in the presence of an inspection decision, limited themselves only to a formal indication of the lack of proof of the transfer of documents named by the manager.
The incompleteness of the information contained in the tax decision was not subject to interpretation by the courts as evidence of non-fulfillment by the defendants of the mentioned obligation. The question of which part of the obligation to transfer documentation was not fulfilled by the defendants could not be resolved without establishing a specific list of seized documents. At the same time, the manager, stating that the defendants did not transfer the debtor's seals and stamps, did not provide correspondence or other evidence of an attempt to interact with the authorized body on the availability/absence of originals /copies in full / partial volume of documentation, seals, stamps seized from the debtor and transfer it to him.
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