Representation client's interest in the land litigation
A subsidiary of the largest Russian agricultural company sought to Infralex for legal representation in a lawsuit filed by the international production and trading company for the sale of furniture to recover about 80 million rubles for violation of representations and warranties in respect of the land acquired by the plaintiff for the construction of a shopping center in the Moscow region with an area of about 90 thousand square meters and worth more than 1.5 billion rubles.
The client did not consider that he had violated any obligations to the plaintiff and supposed that the opponent’s actions were an attempt to exert economic pressure to force our client to assume new obligations.
Based on this, Infralex lawyers developed a legal defense strategy against the lawsuit and represented the interests of the client in court.
The position on the case worked out by our team allowed us to defend the interests of our client, and the plaintiff was denied the claim for 80 million rubles.
The court noted that the requirement to recover a penalty as a way of securing an obligation to which the plaintiff had actually lost interest is an abuse of the right and, as a result, indicated that the plaintiff did not have the right to demand the forfeit from the client.