LLC Special Construction Department 33 (LLC SMU-33) represented by Rightmark Group filed an action against JSC Elevator Repair and Maintenance Department No.3 (JSC RSU No.3) for recovery of debt for elevator dispatching services under several contracts of works and labour. In course of the proceedings JSC RSU No.3 filed a counterclaim for invalidation of the contracts of work and labour. As the first instance court rejected the counterclaim and upheld the principal claim, JSC RSU No.3 filed an appeal.
Rightmark Group was engaged to represent interests of LLC SMU-33 when the case was considered by the court of appeal, which considerably limited the procedural capacity to defend the plaintiff interests. The appeals instance allowed the counterclaim of JSC RSU No.3, and the court of appeal considered the case in accordance with first instance rules. During the case consideration the court of appeal performed two construction and technical expert examinations, including the supplementary one. It should be noted that JSC RSU No.3 interfered with the proceedings in every possible way through its actions, by making lots of various applications and untimely submission of documents to the court, thus trying to delay the proceedings. Nevertheless, Rightmark Group lawyers managed to prove the proper performance by LLC SMU-33 of its obligations under contracts of works and labour, and, correspondingly, obligation of JSC RSU No.3 for payment thereunder, as well as lack of reasonableness of the defendant arguments for invalidity of the aforesaid contracts.