The claims look, to put it mildly, flawed. Firstly, they directly contradict each other: in one, it is required to terminate the transaction for 307 million and declare it invalid – and in the other, the same transaction is recognized as legal, and according to it, the plaintiff requires the defendant to pay a fine of double size – 614 million. As a result, a situation arises that lawyers call “procedural estoppel” (and translated into layman’s language, it’s like the old joke: “You either take off your cross or put on your panties”).
Secondly, one of the two claims is clearly “delayed”: the statute of limitations for it, provided for by the Civil Code of the Russian Federation, has expired.
At least one of Samolet’s claims should have been folded into an airplane and sent out the window (or even both) – but instead, things have moved forward. It is now curious how his subordinate, judge of the Court of Justice of the Moscow Region Roman Soldatov, who is to consider both of these cases, will get out of this delicate situation.
The largest developer is trying to recover more than 920 million rubles from its former top manager and ex-partner
“ВЧК ОГПУ”