Regarding one of the leaders in the agro-industrial sector of the economy, several lawsuits on collection of arrears under supply contracts for a total amount of more than 0.5 million hrivnas have been initiated. The supplier has appealed to Agrarsis with a lawsuit for debt’s collection for the delivered products, which, as explained the head of Agrarsis, was not actually delivered, and the delivery not for goods were falsified by an unscrupulous supplier.

The decision of the economic court of first instance was upheld, and Agrarsis was charged with the debt under the contract of delivery. Taking into account the complexity of the dispute, the Client has decided to apply to allTax legal and tax advisers. The litigation was complicated by the fact that the counterparty, according to the the Client, falsified the signatures on the delivery notes. In the court of the first instance, an unscrupulous product vendor had shown the originals of the delivery notes for verification, but after the defendant's application for the appointment of a handwritten examination, the supplier failed to provide the court with the originals of the delivery notes for the examination. The commercial court of the first instance reclaimed the originals of delivery notes from the supplier, but they were not provided to the court. Despite the failure of the supplier to provide original documents, the Commercial Court of the First Instance made a decision not in favor of the Client.
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Expertise: investigating the case’s materials, the court attorney of allTax legal and tax advisers has emphasized the court's attention to the fact that the party submitting the documents in accordance with part 1 of Art. 33 of the Code of Corporate Procedure of Ukraine, must prove not only the originals of such documents, but also the fact that the signatures on them are original and belong to the persons specified in the documents. Taking into account that the unscrupulous supplier did not provided the original documents for the examination, the court attorney of allTax legal and tax advisers, suggested to the court of appeals to file a claim without consideration on the basis of clause 5, part 1, article. 81 of the Code of Corporate Procedure of Ukraine, because the plaintiff, without compelling reasons, did not file the materials required by the commercial court to resolve the dispute.
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Court’ hearings on the case are ongoing. allTax's press service will report on the results of the case on the site.
Advising Agrarsis on litigation is conducted by Victor Sereda an expert of allTax legal and tax advisers. Preparation of additional explanations to the Commercial Court of Appeal were carried by Artem Sereda.