CASE / CONTRACT DISPUTES
Recovery of an advance payment for equipment never delivered
Company A. paid an advance of RUB 900,000 for a welding machine that was never delivered. We complied with the pre-action procedure, recovered the sum as unjust enrichment with interest and saw the matter through to the money actually being received.
- Headline figure
- RUB 900 thousand advance payment recovered
- Practice
- Contract disputes
- Year
- 2021
The task
The general director of company A. approached Kovalev & Partners LLC. The company had contracted with company M. for the supply of a welding machine: company A. was to pay an advance of RUB 900,000 and company M. to deliver the machine within 14 days of receiving it. The advance was paid; the goods were never delivered.
What we did
- Analysed the documents and prepared a position for the protection of the client's rights.
- Complied with the pre-action settlement procedure.
- Filed a claim with the Arbitrazh Court of the City of Moscow for recovery of the unjust enrichment together with statutory interest for the use of another's funds.
- Once the judgment took effect, obtained the writ of execution and took the steps needed to actually receive the money.
The result
The Arbitrazh Court of the City of Moscow granted the claim: company A. recovered the unjust enrichment together with the interest accrued on it. Case No. А40-32064/2021.
This description reflects the result in a particular matter on particular facts. A result in one case neither guarantees nor implies a similar result in another.
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