A representative of Rosseti objected that the investment agreements provide for Torsion's rights only to the communication line and do not extend to the ground wire, which is essentially a braid for the fiber-optic cable and serves the power transmission line.
According to him, Torsion is essentially forcing MTS to buy out its share in the ground wire, which cannot be monetized. "In essence, we have to pay for air. What is the economic sense of this and how can we use this property?" the lawyer wondered.
He also emphasized that not a ghana whatsapp resource single document states that Torsion invested in power engineering facilities, which include the ground wire. The other participants in the process supported Rosseti's arguments. As a result, the court sided with the defendants and upheld the decision of the appellate court.
Torsion LLC filed a lawsuit in February 2023 to recover from Rosseti PJSC and MTS PJSC compensation for the market value of the share in the right of ownership of the common property of fiber-optic communication lines (FOCL) and high-voltage power lines in the form of a lightning protection cable laid in the Moscow - Rostov-on-Don and Samara - Chelyabinsk directions.
In court, a representative of Torsion reported that as a result of the execution of investment agreements involving the plaintiff and defendants, a fiber-optic communication line was created as part of a fiber-optic cable mounted in a ground wire, to which the co-investors acquired the right of common shared ownership. According to him, the plaintiff, as a separating owner, has the right to demand compensation for the cost of his share from the participants in the common shared ownership, as well as compensation for his share in the income received from the operation of the ground wire.
The first instance arbitration court recognized that the optical cable mounted in the ground wire is an indivisible thing and decided that Torsion had rights to both the communication line and the ground wire sheath. On February 27, 2023, the court ruled to collect RUB 485 million from Rosseti, including RUB 208 million in debt, RUB 233 million in unjust enrichment, and RUB 44 million in interest in favor of Torsion. The court also ruled to collect RUB 43 million in debt from PJSC MTS in favor of the plaintiff. Thus, the court partially satisfied the claim.
However, neither Torsion nor Rosseti with MTS agreed with this decision and filed appeals. In May 2023, the court ruled to overturn the decision of the first instance and to deny Torsion's claim altogether. The Arbitration Court of the Moscow District upheld this decision. The participants in the process refused to tell ComNews whether they would appeal this decision.