Administrative dispute has been won in respect of lawfulness of the enforced recovery of losses to the client within enforcement of a Judgment
Our lawyers have successfully stood upon the rights of the company engaged in construction and real estate business in the commercial dispute with a former manager, whose actions caused damage to the company, within enforcement of a Judgment.
As it turned out to the client, number of void agreements had been concluded by a former manager (and shareholder) with the counterfeiters aimed to gain possession of the company’s funds. Such agreements had been signed on behalf of the client by the person having no due powers and authorities thereto. Later on the fact of concluding of such agreements had been confirmed by the files of the tax audit of the company by the fiscal authorities. Accordingly, the client was forced to initiate legal action purposed to recover damages caused by the unlawful actions of the former manager.
As a result of court hearing, The Court delivered a Judgment that approved the claim: The Court obliged to collect from a former manager in favour of our client the amount of damage totalling UAH 330,445.00.
Yet, the debtor has, at the stage of enforcement of this Judgment, applied to the Administrative Court with the claim demanding to cancel all decisions of the enforcement officer, because of wrongfulness of these decisions, according to the debtor.
Our lawyers appeared at the Administrative Court proceedings as representatives of both the client, as the third party, and the enforcement officer who issued the disputed decisions, as the defendant.
As a result of court hearing in respect of the mentioned claim, the Administrative Court delivered a Decree in which our legal reasoning was completely approved and the proceedings being closed with the debtor’s claim being left denied.
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