Rightmark Group client won the auction for the sale of a right to conclude a contract for lease of a land plot to site a multi-storey apartment house in Nakhabino settlement in Moscow Oblast. The bidding was challenged by a bankruptcy trustee of LLC Razvitie Krasnogorskogo Raiona-Group, who referred to the right of the aforesaid company to conclude a contract for lease of the same land plot without auctioning. In witness thereof the bankruptcy trustee made reference to the corresponding judgment (delivered after the bidding was held without participation of the winning bidder).
Hence, to protect the client rights interests we represented its interests in two trials:
— with regard to challenge of bidding;
— with regard to acknowledgement of LLC Razvitie Krasnogorskogo Raiona-Group right to conclude a contract for lease without auctioning (where a judiciary act was passed without involvement of the winning bidder, and inclusion in the judicial process was at the appeal stage).
In a case where the right of LLC Razvitie Krasnogorskogo Raiona-Group to conclude a contract for lease without bidding was acknowledged, Rightmark Group secured the client involvement in the case as the third party and the case consideration in accordance with the first instance rules. Activities of Rightmark Group lawyers during the case reconsideration resulted in cancellation of the first judgment by the court of appeal.
Hence, in a case challenging the bidding reasons for the auction invalidation became inapplicable, and LLC Razvitie Krasnogorskogo Raiona-Group abandoned the claim. Thus, rights of Rightmark Group client to conclude a contract for lease of a land plot to site a multi-storey apartment house were completely restored.