Businessman's appeal in 10 mln euro action against MTS suspended
MOSCOW, April 5 - RAPSI. The Moscow District Federal Commercial Court has suspended a cassation appeal filed by businessman Yevgeny Grafeyev against the dismissal of his lawsuit to return shares and recover 10 million euro in moral damages from the MTS mobile operator.
The court suspended the appeal as the plaintiff omitted several violations when filing the appeal. Particularly, no confirmation of the state duty payment was submitted by the plaintiff. Furthermore, Grafeyev did not send the documents to MTS. The businessman was ordered to eliminate these violations by May 3. Otherwise, the court will turn down his appeal.
The Moscow Commercial Court dismissed Grafeyev's lawsuit in November 2011.
The appeals court upheld the judgment on March 5 and it became effective.
Grafeyev entered into a contract with MTS on August 17, 2001 for the sale of 1,250 privileged and 250 ordinary shares in Mobile Communication Systems (Mobilnye Sistemy Svyazi). Grafeyev received 4.668 million rubles ($148,500) from the defendant, the lawsuit reads.
Grafeyev asked the court to cancel the deal, return the shares in the MTS subsidiary and award him compensation for moral damage.
According to Grafeyev, the company's management developed an action plan to coerce him into peforming the transaction. Grafeyev maintains that he was threatened, blackmailed and forced into signing the sale contract, which resulted in a 21 million euro loss.
Earlier, MTS reported that the company acted in good faith and has the corresponding documents to prove its case.
The Moscow Commercial Court stated in its decision that the plaintiff did not prove that the defendant committed any threats or violence. Therefore, the statute of limitations has expired.