of January 17, 2007 No. 01/158
About agreement cancelation of lease and money recovery
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 15.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
the chief judge Krivda of D.S. - (the speaker on case),
judges: Zhabotina G. V., Bakulina S. V., having considered in proceeding in open court the writ of appeal of BITM Center Limited liability company on the resolution of the Kiev interregional Economic Court of Appeal of 27.06.2006 on case N01/158 of economic court of the Cherkassk region on the claim of Department of management of municipal city property of Vatutiny of the Cherkassk region to BITM Center Limited liability company about agreement cancelation of lease and collection 282, of 94 UAH,
with the participation of agents of the parties from:
claimant: Grinishchenko N. G. is head according to the decision of 18.03.1998.
defendant: were not
According to the order of the Acting Chairman of trial chamber Pershikov E. V. of 16.01.2007 replacement of the judge Ulitsky A. M. is performed. on the judge Bakulina S. V.
(Judge O. V. Chevguz) the claim is satisfied with the decision of economic court of the Cherkassk region of 17.04.2006 partially; 98 UAH of debt, 15, of 96 UAH of 3% per annum, 112, of 35 UAH of penalty fee, 187 UAH of expenses on payment of the state fee and 118 UAH of expenses on information technical supply of legal procedure are levied from BITM Center LLC for benefit of Department of management of municipal city property of Vatutiny of the Cherkassk region 531,; for the rest the claim it is refused.
The resolution of the Kiev interregional Economic Court of Appeal of 27.06.2006 (the judge Falovskaya I.M.predsedatelstvuyushchy, Agrikova O. V., Mamontova O. M.) the decision of economic court of the Cherkassk region of 17.04.2006 cancels partially and makes the new decision in this part; the substantive provisions of the decision are reworded as follows: claims are satisfied completely; the lease agreement of municipal property on kvasozasolochny premises of vegetable warehouse on Ulitsa Ostrovskogo, 1/2 of 01.08.2003 N 98, the prisoner between Department of management of municipal city property of Vatutiny and BITM Center LLC is broken off; exact from BITM Center LLC for benefit of Department management of municipal city property of Vatutiny 531, 98 UAH of debt, 15, of 98 UAH of 3% per annum, 112, of 35 UAH of penalty fee and court costs: 187 UAH of the state fee and 118 UAH of expenses on information technical supply of legal procedure.
The defendant in the writ of appeal asks to repeal the resolution of the Kiev interregional Economic Court of Appeal of 27.06.2006 and to send case for new trial. The claim is motivated with the fact that the judge of local economic court does not take into account defendant's cases.
From BITM Center LLC the petition (the message by telegraph) about consideration of the writ of appeal without participation of the defendant arrived.
Board of judges, having checked available materials (the actual circumstances) put regarding correctness of application by courts of regulations of substantive and procedural law, having heard explanations of the claimant's representative who is present at judicial session, came to conclusion that the writ of appeal is not subject to satisfaction on the following bases.
According to requirements of Article 111-7 of the Economic Procedure Code of Ukraine the cassation instance leaves the circumstances established in this case.
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