RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of August 6, 2007

To hold extraordinary general meeting on duty

Case No. 12/429pn

NAME OF UKRAINE

The resolution of the Supreme Economic Court of Ukraine of 06.08.2007 in the matter of N12/429pn the Supreme Economic Court of Ukraine, having considered the writ of appeal of JSC D... on the resolution of the Donetsk Economic Court of Appeal of 25.04.2007 in the matter of N12/429pn in the claim of Production Association I LLC... to JSC D... to hold extraordinary general meeting on duty, ESTABLISHED:

Of 13.03.2007 proceeedings are stopped by determination of economic court of Donetsk region. The Donetsk Economic Court of Appeal reviewed the specified determination and the resolution of 25.04.2007 left it without changes.

Open joint stock company "D"... considers that the court order of appellate instance is accepted with violation of regulations of substantive and procedural law therefore asks it to cancel.

As for determination of local economic court, the complainant agrees with its substantive provisions.

At the same time according to the complainant it is necessary to exclude the reference to the protocol of extraordinary meeting of shareholders of JSC D from its motivation part... without number of 23:01. 2007, as it is counterfeit.

Before substantive prosecution in the Supreme Economic Court of Ukraine two petitions of JSC D arrived... (of 08.06.2007 under N84/06 and of 16.07.2007 under N16/07) which contain request to accept refusal of the writ of appeal.

From the claimant on this case the petition with request also arrived to accept refusal of the writ of appeal of JSC D....

According to requirements of Articles 22, 111-6 GPK of Ukraine economic court do not accept refusal of the writ of appeal if these actions contradict the legislation or break whose-nibut rights and interests protected by the law.

The board of judges does not accept the declared refusal of the writ of appeal for the following reasons.

The writ of appeal is made of 25.04.2007 about the resolution of the Donetsk Economic Court of Appeal by Open joint stock company "Д..., "i.e. party on this case.

Declarations of abandonment of the writ of appeal arrived from Joint-stock company "Д..., "which is not party litigant.

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