2 december 2015

Arbitrazh Court of the City of Moscow dismissed a claim for recovery of 30 million rubles as unjust enrichment after the claimant's attempt to recover that amount in a restitution procedure

In case No. А40-139187/2015, lawyers from Jus Aureum achieved the dismissal of the statement of claim of MK Sodruzhestvo LLC for recovery of unjust enrichment from Giproplast Engineering CJSC.

According to the factual background of the case, the claimant demanded recovery from the respondent of 30 million rubles as unjust enrichment, as well as interest for use of another party's money, as a consequence of recognizing the invalidity in another court procedure of a transaction under which MK Sodruzhestvo LLC acquired immovable property from Giproplast Engineering CJSC.

Previously, MK Sodruzhestvo LLC had already filed a claim against Giproplast Engineering CJSC for recovery of the same funds, qualifying the claim as the application of the consequences of the transaction's invalidity (case No. А40-29304/2015). The claim was turned down by the court on the grounds that the one-year term of limitations had been exceeded.

The ruling in case No. А40-29304/2015 rended by the Arbitrazh Court of the City of Moscow remains within the general outline of the latest arbitrazh court practice prohibiting circumvention of the rule regarding the statute of limitations in applying the consequences of the invalidity of the disputed transactions by presenting claims for recovery of unjust enrichment.

In the court hearing, Giproplast Engineering CJSC was represented by senior attorney Nikita Shcherbakov and attorney Sergey Kartoshkin, who were working on the case under the guidance of senior partner Vadim Maklakov.