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Successful unjust enrichment case related to payment for water transportation services

13 декабря 2016
738
Nadmitov, Ivanov and Partners successfully represented the interests of a large energy company - the plaintiff in the case of the recovery of unjust enrichment related to payment for the services of transporting water through the plaintiff's water supply networks in the amount of over 3 million rubles. The Arbitrazh Court of the Krasnodar Territory recognized that the plaintiff proved the fact of unjust enrichment, as well as the erroneousness of the defendant's arguments about the lack of proof of the ownership of the water supply networks to the plaintiff, about the need to calculate the transported volumes of water at one point of connection instead of two, about the erroneous determination of the period for which the calculation of the transported water is made.

During the trial, the defendant filed a counterclaim to recover the debt for water disposal services associated with losses during the transportation of water by the plaintiff. The counterclaim was returned by the court due to the presence of signs of abuse of rights in the actions of the defendant. Thus, the Arbitrazh Court satisfied the claims of the plaintiff in full, and returned the counterclaim of the defendant.

Nadmitov, Ivanov and Partners regularly represents clients on electricity, heat and water supply and tariff regulation.
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