RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 25, 2007 No. 4/550-7/68

About debt collection

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 29.03.2007 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board of judges:

V. I. Derepa - chairman, Greek B.M., Stratiyenko L. V.,

with the assistance of plenipotentiaries:

the claimant - Black O.V.,

the defendant - Gorbunov S. O., Serednitsky V. M., having considered in open session the writ of appeal of JSC Lvovoblenergo on the decision of June 1, 2006 of economic court of the Lviv region on case N4/550-7/68 on the claim of JSC Kineskop to JSC Lvovoblenergo about debt collection in the amount 422021, of 27 UAH,

ESTABLISHED:

In March, 2006 the claimant appealed to economic court of the Lviv region with the claim to the defendant for collection of overpayment of cost of the consumed electric power in the amount 422021, of 27 UAH, within production of case N2/264 on bankruptcy of JSC Kineskop.

(Judge Bilous B. O.) the claim is satisfied with the decision of economic court of the Lviv region of June 1, 2006. Collect from the defendant for benefit of the claimant money in the amount 422021, of 27 UAH, court costs.

In the writ of appeal the defendant asks to cancel the specified judgment as accepted with violation of regulations of substantive and procedural law.

Having checked case papers and based on the actual circumstances established in it, having analyzed correctness of application by economic court in case of acceptance of the appealed judgment of regulations of substantive and procedural law, the court considers that the writ of appeal is not subject to satisfaction for such reasons.

From case papers it is visible that determinations of economic court of the Lviv region of 07.09.1999 and of 02.12.1999 on case N2/264 on bankruptcy of JSC Kineskop, JSC Lvovoblenergo it is recognized as the creditor of JSC Kineskop with property requirements of total amount 2121132, of 40 UAH which constituted the cost of the consumed electric power.

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