of March 15, 2007
About settlement of precontractual dispute which arose in case of the conclusion of the agreement, and duty to sign the agreement
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 02.08.2007 it is refused to open production on review)
Case No. 3/399-06
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board of judges:
the chairman - Greyts K. V.
judges: Bakulina S. V., Glaus O. I.
having considered materials of the writ of appeal of "The Sumy Machine-building Scientific and Production Association of M. V. Frunz" Open joint stock company in proceeding in open court
on the resolution of 10.01.2007 the Kharkiv Economic Court of Appeal
on case N3/399-06
economic court of the Sumy region
in the claim of JSC The Sumy Machine-building Scientific and Production Association of M. V. Frunz
to National Credit Joint stock bank
about settlement of precontractual dispute which arose in case of the conclusion of the agreement, and duty to sign the agreement
representatives took part in judicial session:
from the claimant: were not
from the defendant: Zagoruyko A. A. (the power of attorney N6 of 06.01.2007)
Decision of Economic court of the Sumy region (judge Levchenko P. I.) of 04.09.2006 on case N3/399-06 the claim is satisfied; obliged the defendant to sign the agreement NPR 80-6/202 of 01.07.2006 on provision of services on centralized heating and supply of hot water on the terms offered by the claimant in particular, stated in Items 15, of 18, 19 Agreements; collect from the defendant for benefit of the claimant expenses on payment of the state fee in the amount 85, of 00 UAH, expenses on information technical supply of legal procedure in the amount 118, of 00 UAH.
The resolution of the Kharkiv Economic Court of Appeal (the chief judge - Lashchenko D. D., judges - Istomina O. A., Pogrebnyak V. Ya.) of 10.01.2007 the decision of Economic court of the Sumy region of 04.09.2006 on case N3/399-06 is cancelled; the new decision is made; satisfaction of the claim it is refused; The Agreement NPR 80-6/202 from
01.07.2006 it is recognized as the prisoner; 15, of 18, of the 19th this Agreement to state Items in the editorial office JSB Natsionalny credit stated to them in the protocol of disagreements to the Agreement NPR-6/202 of 01.07.2006; collect from the claimant for benefit of the defendant the state fee in the amount 42, of 50 UAH and expenses on information technical supply of legal procedure in the amount 118, of 00 UAH.
In the writ of appeal the claimant asks to repeal the resolution of the Kharkiv Economic Court of Appeal of 10.01.2007 and to uphold the decision of Economic court of the Sumy region of 04.09.2006, referring to incorrect application of regulations of substantive and procedural law, namely: the Art. of the Art. 179, 276 Economic codes of Ukraine, p.1 the Art. 16, p.1 of the Art. 17, of the p. 3 of the Art. 20, of item 2 of the p. 2 of Art. 21 of the Law of Ukraine "About housing and communal services", 15, of 19, of 24, 25 Laws of Ukraine "About heat supply" and the item 8, subitem 2 of the item 30, subitem 4 of item 31 Corrected the Art. of the Art. rendering of services of centralized heating, the supply of cold and hot water and water disposal and standard agreements about provision of services on centralized heating, supply of cold and hot water and water disposal approved by the Resolution of the Cabinet of Ministers of Ukraine N630 of 21.07.2005, the Art. of the Art. 61, 67 Laws of Ukraine "About banks and banking activity".
The defendant did not send response to the writ of appeal.
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