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RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 17, 2007

About duty to satisfy terms of the contract

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of July 05, 2007 it is refused to open production on review)

Case No. 05/210-06

NAME OF UKRAINE

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

the chairman, the judge - Stratiyenko L. V.

judges: Greek B.M., T.P's Trump.

having considered the writ of appeal of Megabank open joint stock company in proceeding in open court

on determination of economic court of the Kharkiv region of 05.02.2007 and the resolution of the Kharkiv Economic Court of Appeal of 21.03.2007

on case N05/210-06

in the claim of limited liability company "Vostok

to Megabank open joint stock company

the third party - Shepetovsky Plant of Cultivators open joint stock company

about duty to satisfy terms of the contract

with the participation of agents of the parties:

from the claimant - was not

the defendant - was not

the third party - was not

ESTABLISHED:

The determination of economic court of the Kharkiv region of February 5, 2007 (the judge V. Olshanchenko, V. Hachatryan, L. Sharko) left without changes by the resolution of the Kharkiv Economic Court of Appeal of March 21, 2007 (the judge V. Afanasyev, A. Bukhan, O. Shevel) returns the counter action for declaration of Megabank open joint stock company based on Items 4, of the 6th Article 63 of the Economic Procedure Code of Ukraine.

In the writ of appeal Megabank open joint stock company, without agreeing with the court acts adopted on case, asks them to cancel, referring to the wrong application of regulations of procedural law.

Having considered case papers and arguments of the writ of appeal, having checked correctness of application by economic court of the Kharkiv region and the Kharkiv Economic Court of Appeal of regulations of procedural law in the decision of this dispute, the board of judges considers necessary the writ of appeal to leave without satisfaction on such bases.

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