THE COURT: A CLAIM FOR A DISCOVEY OF DOCUMENTS SHOULD BE CONSIDERED IN COURT

The Commercial Court of the Moscow District considered the complaint of the head of the debtor, from whom the insolvency officer demanded the documentation of his bankrupt company in legal form.

The Court of the First Instance and the Court of Appeal satisfied the manager's claim, obliging the manager to send all the necessary documentation to the officer, but the District Court doubted the legality of the decisions made.

Arguing his position, the head of debtor indicated that he was not given an opportunity for judicial protection, since a court session on the issue of a discovery of documents was not held.

In addition, it was not clear from the statement of the officer, what kind of documentation he did not have, which complicated the execution of the issued judicial acts.

The District Court upheld the head's arguments, pointing out that since the law provides for a mechanism for the enforcement of a judicial act - the issuance of a writ of execution when making a court order to discover the documents - then both parties should have an equal right for judicial protection.

Such protection can be ensured by holding a court hearing on the issue under consideration with proper notification of the participants of the case (determination in case No. A40-315379 / 2018 of September 9, 2020).