The dispute arose from the grain supply contract between the Seller and the Buyer, on grain supply to the warehouse under EXW terms, followed by grain storage until the Buyer’s shipment order in writing.
But the Buyer received the shipped goods partially, which resulted in losses amounting to 11 million UAH.
Interlegal lawyers tried to settle the dispute by sending claims to the grain warehouse on grain shipment in full, but such claims were ignored.
Due to non-fulfillment of obligations by grain warehouse under the Warehousing Agreement and due to grain absence at the warehouse, dispute settlement was the following:
As for criminal case, based on Interlegal application – notification on criminal offense, criminal proceedings were initiated against the enterprise officers under Part 5 Article 191 of the Criminal Code of Ukraine – misappropriation or embezzlement of property by abuse of powers, in gross amount. Later, Interlegal lawyers initiated step-by-step investigative actions committed by pretrial investigation bodies, in order to collect evidence on the merits.
As for commercial case, Interlegal lawyers initiated commercial proceedings and used evidence obtained in the framework of criminal proceedings, in order to strengthen the Client’s position.
Based on feasible position of Interlegal lawyers and submitted evidence, the court made a decision in favour of our Client, resulting in loss recovery from the grain warehouse in full.
Legal service costs were also reimbursed to the Client.
Interlegal lawyer Ellina Romanova and paralegal Nikita Kocherba, under the general supervision of senior lawyer Karyna Gorovaya led the case.