The court refused to satisfy the lawsuit of a subsidiary of the Internet Initiatives Development Fund (IIDF) against one of the co-founders of the closed social media post automatic publishing service, Amplifer.
The IIDF tried to legally reestablish the businessman’s participation in the company and then carry out the process of liquidating it.
The Moscow Arbitration Court rejected the lawsuit of the investment division of IIDF – IIDF Invest LLC – against the co-founder of Amplifer LLC Natik Gadzhibalaev. “We refuse to satisfy the demands,” says the operative part of the court decision.
The IIDF told RB.RU that it intends to file an appeal.
“The case is important for us: Russian courts do not like to apply the article on abuse of rights; in principle, there is no practice regarding leaving the company, but since in our case it is a clear case of abuse of rights rights on the part of the founders, we will resort to appeal, and cassation, if necessary. It is necessary to develop the practice,” said Elena Krylova, director of support for investment transactions at the IIDF.
The fund tried to invalidate the agreement on Gadzhibalaev’s withdrawal from membership of Amplifer LLC. The closed service is on the balance sheet of IIDF Invest and the fund aimed to restore the participation of the founders of Amplifer in the project in order to properly carry out the company’s liquidation procedure.
To this end, the IIDF filed a lawsuit in August 2023 against the founders of the service: Natik Gadzhibalaev, Alexander Tishchenko and Yaroslav Markin. However, after three months, the fund dropped its claims against Tishchenko and Markin and continued to sue only Gadzhibalaev.
As the fund then explained, IIDF did not find direct evidence that Tishchenko and Markin knew about the correspondence of one of the founders with IIDF, where they proposed to jointly liquidate the company, and could not prove that they deliberately left the founders in so as not to assume responsibilities. in case of liquidation.
Amplifer was closed in December 2022, currently 96% of the shares of Amplifer LLC are on the balance sheet of the legal entity, IIDF Invest owns 4%.
Author:
Anastasia Marina
Source: RB
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