RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 17, 2007

About money recovery

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.07.2007 it is refused to open production on review)

Case No. 4/317

NAME OF UKRAINE

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

chief judge: Kocherova N. O.

judges: Fisherman V.V., Greek B. M.

with the participation of agents of the parties:

from the claimant - Lysenko S. V.; Datsenko O. O.;

from the defendant - Akulinin L. O.;

having considered materials of the writ of appeal software "Firm of "Ingush"

on the resolution of the Dnipropetrovsk Economic Court of Appeal of 19.02.2007.

on case N4/317 of economic court of the Kirovohrad region

in the claim of JSC Kirovogradoblenergo on behalf of the Kirovohrad city district power networks

to software "Firm of "Ingush"

about collection of the 10th 672, 11 UAH.

ESTABLISHED:

JSC Kirovogradoblenergo on behalf of the Kirovohrad urban area of power networks addressed with the claim software "Firm of the Ingush" Kirovohrad about collection 10672, of 11 UAH for the supercontractual size of electric power consumption.

Of 20.11.2006 on case N4/317 the claim is satisfied with the decision of economic court of the Kirovohrad region partially.

Collect from software "Firm of the Ingush" Kirovohrad for benefit of the claimant 5336, of 04 UAH as the double cost of difference of actually consumed and contractual size of consumption of electrical energy and the corresponding expenses on the national duty, information technical supply of legal procedure.

For the rest the claim it is refused.

At the same time the court came to conclusion about availability of legal basis for collection from the defendant of double cost for sverkhdogovorno the consumed electric power, against the fivefold cost declared by the claimant.

Of 19.02.2007 the specified judgment is changed by the resolution of the Dnipropetrovsk Economic Court of Appeal.

The claim is satisfied completely. Collect from software "Firm of the Ingush" Kirovohrad of 10672 UAH as fivefold cost sverkhdogovorno the consumed electric power.

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