A catering company acquired a marine refrigeration container from MAERSK to use as a stationary refrigeration warehouse for storing products. A participant in the company, upon learning of the transaction, filed a claim with the Arbitration Court of St. Petersburg and the Leningrad Region, seeking to have the contract for the purchase and sale of the container declared invalid.
In support of the claims, the plaintiff cited the affiliation of the parties to the transaction, the lack of necessary corporate approval, and the purchase of the container at an inflated price, to the detriment of the company’s interests. Additionally, the plaintiff noted the lack of evidence that the disputed refrigeration container in principle exists and is being used by company.
During the consideration of case A56-99179/2021, we, protecting the interests of the company, initiated a notarized inspection of the controversial container, during which the participant of the company was able to confirm its existence. As a result, the court refused to satisfy the plaintiff’s claims in full, agreeing with our arguments that the disputed transaction did not require the approval of the general meeting of participants, and there is no evidence of the transaction’s unprofitability and its commission to the detriment of the company’s interests.
Based on the results of the consideration of the plaintiff’s appellate and cassation appeals, the decision of the court of first instance was left unchanged and came into force.
