Rus News Journal

Arbitration courts

the Supreme Arbitration Court has postponed till April, 19th consideration of the claim of branch #7597 the Chelyabinsk bank of the Savings Bank of Russia to the Central bank of Russia. The branch asked to nullify the letter of management of the Central Bank on the Chelyabinsk area on which basis from a branch corresponding account it is written off 57 million the rbl. enlisted on false avizo.
Operating branch of the Chelyabinsk bank Lyudmila Loskutova has informed the correspondent that on October, 26th, 1992 the branch has enlisted into the account 57 of million the rbl. which have come from Stavropol from small enterprise Omega to co-operative society Konkur . The branch has given out the most part of this sum Konkuru checks Russia (having kept from it 6 million rbl. of a debt under the credit). As Lyudmila Loskutova considers, the branch should not bear responsibility that avizo from Stavropol has appeared false as in reply to inquiry Chelyabinsk it is settlement - the cash centre Stavropol is settlement - the cash centre has confirmed officially authenticity of it avizo, and only after that it has been enlisted into the branch account. The court has postponed business, having requested from the claimant of that proof that the branch is the legal body, and written instructions of the Central bank on which basis the Chelyabinsk management wrote off from the account of the claimant of 57 million rbl.

the claim Scientifically - production association " Is satisfied; Altair to Zhukovsky flight ispytatelno - to the research enterprise and the state enterprise Scientifically - research letno - the test centre about istrebovanii from another`s illicit possession the plane the Yak - 40.
According to the claimant, the disputable plane the YAK - 40 belongs to it on the right of full economic conducting. And respondents referred to the decision published by Ministerial council on plane allocation to Zhukovsky aviagroup. Hearing of this business was closed of - for privacy of the majority of documents which the claimant resulted in a substantiation of the requirements. The board under the chairmanship of Nadezhdy Osipovoj has satisfied the claim.

manufacture under the claim of Office of Public Prosecutor of St.-Petersburg to the limited liability company " is stopped; Veneda .
the Office of Public Prosecutor asked to nullify the lease contract of uninhabited premises (several rooms), the prisoner on November, 1st, 1991 between Venedoj and property Central administrative board (nowadays - committee on management of property). According to the claimant, the contract has been signed from Venedy the inadequate person who does not have powers of the head.
the System of arbitration of St.-Petersburg has satisfied this claim. The arbitration decision was protested by the vice-president of court Vladimir Isajchev. Supervising board under the chairmanship of Evgenie Andreeva, having considered the protest, has established that Veneda is joint Russian - the Finnish enterprise, and disputes of the enterprises with foreign investments nepodvedomstvenny to arbitration court. The board has cancelled the decision of arbitration and has stopped manufacture on business.

the Moscow arbitration court has postponed consideration of the claim of factory of artificial leather products of a name of Nagina to the Central bank of Russia, Kuntsevo - to bank, commercial bank the Volga region to joint-stock company Reserved seats and to Central administrative board of bank of Russia across Moscow on 1,856 million rbl.
According to the claimant, joint-stock company Reserved seats in April, 1992 has translated to factory an advance payment in 1,760 million rbl. For delivery of pitch for leather substitute manufacture. However into the account of factory money has not arrived. The bank of the payer (Kuntsevo - bank) has given documents on transfer of the sum of the Central bank, however bank of the addressee ( the Volga region ) Declares that it and has not received money. Under the statement of the representative of factory, the Central Bank of Russia has advised to factory to address in Central administrative board of bank of Russia across Moscow, where it have suggested to search for documents in huge bags of a paper . Having found Nothing in bags, the claimant has brought an action. The claim sum included money of a debt and percent for a payment delay. Business is postponed from - for absence of representatives of banks.

it is declared having rummaged in hearing of the claim Kamsky tselljulozno - paper industrial complex to publishing house Education on 14,308 million rbl.
Publishing house Education is the state enterprise. Carrying out the state order for the educational literature (152,2 million textbooks for school), it has concluded the contract on delivery of a paper with Kamsky tselljulozno - paper industrial complex. Upon termination of contract period of validity for 1992 the new contract for 1993 has not been concluded, as the Ministry of Finance has allocated for expenses of publishing house instead of 1 mlrd rbl. Only 500 million
However the paper continued to arrive, and money at publishing house for payment was not. The publishing house repeatedly asked the supplier to stop shipment. In the answer the industrial complex has shown the account on 14,308 million rbl. (a fine for delay of payments). This sum also has made the claim sum.

partially (on 420 thousand rbl.) The limited liability company claim " is satisfied; the Top expert to joint-stock company Legprom on 124,960 million rbl.
on April, 1st, 1992 the parties have signed the contract on delivery the Top expert Legpromu 60 000 tons of a carbamide. the top expert has begun shipment, but on April, 9th Legprom has refused to accept a carbamide, having referred to its bad quality (this carbamide the foreign firm earlier has refused to accept). However the top expert has shipped all carbamide for 2 - j quarter, and then has sued on goods neopayment, penal sanctions and the missed benefit. The claimant was not in court, however court has decided to collect the sum for the first 9 days of delivery (plus penalties).

It is declared having rummaged in business under the state farm claim Ostankino to firm Building industry on 2,432 million rbl. - cost of the outstood mixed fodder and the penalty for short shipment.
In court it was found out that already after signing of the contract of delivery of mixed fodder of the party have agreed to increase volume and delivery cost. It has complicated business, the break therefore is declared.

the arbitration court of Petersburg has refused to small enterprise Scale in the claim to tax service of the Frunze area and joint-stock company Baltic - Service on 474 thousand rbl.
In the end of 1992 Baltic - Service has got at Scales a consignment of goods. At delivery payment in the column the value-added tax Baltic - Service has specified the sum in 102 thousand rbl. less, than Scale should list in the state budget. scale has not penetrated into an essence of the matter, and has listed in the state budget the specified sum. In January, 1993 the tax service of the Frunze area has inspected Scales Has found out an underpay of the tax and has collected with Scales these 102 thousand rbl. and the penalty - 372 thousand rbl.
Scale has sued to tax service and to Baltic - service asserting that in tax non-payment it is guilty Baltic - Service as it has incorrectly filled a pay-sheet. However the court has found out that Baltic - Service has correctly listed a correct total sum of delivery together with the tax, and the bookkeeper " is guilty; Scales which has not checked up, how many it is necessary to pay in the budget.