of May 22, 2007
About return of object of leasing
(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. 8/124-06
NAME OF UKRAINE
The Supreme Economic Court of Ukraine as a part of board: chairman, judge Kuzmenko M. V., Vasishchak I. M. judges., V.M.'s Bull-trout, having considered in proceeding in open court the writ of appeal of private agricultural enterprise "Zvezda" on the resolution of the Zhytomyr Economic Court of Appeal of February 6, 2007 on case N8/124-06 on the claim of closed joint stock company "The Agrotekhleasing leasing company to private agricultural enterprise "Zvezda" about return of object of leasing, ESTABLISHED:
In March, 2006 the closed joint stock company "The Agrotekhleasing leasing company appealed to economic court of Vinnytsia region with the claim to private agricultural enterprise "Zvezda" for return of disk harrow for the reasons of unseemly accomplishment of the obligation.
The defendant did not recognize the claim, claiming that he is not legal successor in disputable legal relationship, the requirement of the claimant is not based on the agreement, the property right to object of leasing passed to this person in 2002.
By the decision of economic court of Vinnytsia region of April 25, 2006 the claim it is refused based on groundlessness.
The decision is cancelled by the resolution of the Zhytomyr Economic Court of Appeal of February 6, 2007 (the judge A. Lyakhevich, I. Vechirko, L. Zarudnyanaya) and the claim is satisfied.
The resolution is motivated by failure to carry out of terms of the contract of financial leasing.
The private agricultural enterprise "Zvezda" asks to repeal the resolution for the reasons of the wrong application by economic court of part 2 of article 10 of the Law of Ukraine "About leasing" and to uphold the decision.
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