Subject of Dispute: Recognition of Pledge Right and Obligation to Take Actions Regarding Corporate Rights in the Authorized Capital of LLC “Borivazh”.
Main Arguments of the Court:
1. The court emphasized that interim measures cannot be challenged on grounds of jurisdiction violation separately from the decision on the merits of the case.
2. When deciding on interim measures, the court must assess the reasonableness of the applicant’s arguments, adhering to the principles of reasonableness and proportionality.
3. The Court of Appeal incorrectly revoked the order on interim measures without examining the substantive circumstances of the case.
Court Decision: To cancel the resolution of the Court of Appeal and refer the case for a new review to the appellate commercial court.
