We know everything about bankruptcy
14/05/2024
Tuesday
14 May 
1970 The creation of the CIS Economic Union.
1970 The creation of the CIS Economic Union.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The establishment of the state of Israel and declaration of its independence.
1970 The sale of serfs at the public auctions was prohibited in Russia.
1970 The sale of serfs at the public auctions was prohibited in Russia.
The Supreme Court demanded a more detailed consideration of the issue of debt
The question concerned the debt under the contract with the Moscow United Power Grid Company within the framework of technological connection to electric grids. Initially, the contractor under the contract went to court with a demand to recover the debt and won the case. The defendant tried to challenge the decision, but did not achieve a positive result.
Later, an insolvency case was initiated against the defendant, within the framework of which Moscow United Power Grid Company filed a claim to include the debt in the register of creditors’ claims.
However, several creditors at once opposed this decision, considering the debt, enshrined in a judicial act, not based on the rule of law.
The lower instances considered the complaint, but refused to satisfy it, however, the Supreme Court of Russia considered that the courts had not studied all the circumstances of the case in detail and sent the dispute for reconsideration.
The judicial board noted that the obligations arising from the contract for technological connection to power grids were inherently close to the contract for the provision of services. In this case, it is worth considering the norm, which indicates that the service is paid upon delivery, and not in advance, as required by the Moscow United Power Grid Company. Moreover, the creditors indicated that the work on technological connection was not completed, and the corresponding acts were not sent for signing by the customer.
Thus, it remained unclear whether the Moscow United Power Grid Company properly fulfilled its obligations in order to require the debtor to pay the monetary remuneration for the service rendered. Now, the clarification of this circumstance will be dealt with by the judges of lower instances during the re-consideration of the case (decision ¹ 305-ES21-8682 of September 6, 2021).
