A network organization and a gardening non-profit partnership (GNP) concluded several contracts under which the GNP undertook to build a power transmission line (PTL). In fact, these contracts had the same subject and duplicated each other (the obligation to build the same PTL), but due to the oversight of the parties when concluding duplicate contracts, the previous ones were not terminated. As a result, the PTL was built and properly commissioned under the very last construction contract, while the previous contracts formally remained unfulfilled. For this reason, the network organization went to court with claims to oblige the GNP to fulfill these contracts and to recover from the GNP a penalty for violating the deadlines.
During the consideration of these claims in the Arbitration Court of St. Petersburg and the Leningrad Region in cases No. А56-56794/2024 and No. А56-5335/2024, we defended the interests of the GNP and drew the court’s attention to the abuse of rights by the network organization, since when concluding a new contract, there was actually a novation of obligations under the previous contracts. After evidence of the construction and operation of the PTL was presented to the court, the network organization had no choice but to abandon the stated claims in both cases. The court accepted the waivers and terminated the proceedings in both cases, respectively, on July 22, 2024 and October 31, 2024.
