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Successful Damages Case on Appeal

12 февраля 2019
948
The law firm Nadmitov, Ivanov and Partners successfully represented the interests of a state educational institution - the plaintiff in the case of recovering damages related to the action / inaction of a contractor carrying out repairs in a school building in the amount of more than 2.5 million rubles. The incurred losses were caused by the drawing up during the repair period in respect of the establishment by the energy sales company of acts of unaccounted consumption of electrical energy and are associated with the contractor's failure to comply with the procedure for replacing metering devices, the lack of advance notification of the energy sales company about the replacement of meters. The Moscow Arbitration Court satisfied the statement of claim in full, recognizing that the plaintiff had proven the fact of causing losses, their amount, as well as a causal relationship with the actions of the contractor.

9AAC, when considering an appeal, proceeded to consider the case according to the rules established for consideration in the court of first instance in connection with procedural violations committed by the court of first instance. In connection with the consideration of the case "according to the rules of first instance," the appellate court canceled the decision of the Moscow Arbitration Court and satisfied the claims in part due to the defendant's voluntary repayment of part of the debt.

Nadmitov, Ivanov and Partners Law Firm successfully represents the interests of clients in disputes on recovery of losses, the power industry and in the construction industry.
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