The active role of the Court of Appeal in resolving the dispute in case A64-1503/2009.
The plaintiff wanted to recover 1,398,703.98 rubles from the Management Company, and as a result, 19AAC recovered 99,964.80 rubles from the city of Tambov, which was not initially among the defendants in the A64-1503/2009 case.
The whole history of the case review:
On 27.03.2009, JSC Tambov Communal Systems appealed to the Arbitration Court of the Tambov Region with a statement of claim against LLC Managing Housing Company and MU Managing Housing Company to recover the cost of water used for hydrochemical flushing and filling of domestic heating systems in the amount of 1,398,703.98 rubles.
09/17/2009 AS the claim was rejected.
On 04.12.2009, a cassation appeal was filed.
On 22.01.2010, the Federal Antimonopoly Service of the Central District overturned the decision and referred the case for a new review
On 14.04.2010, the Administrative Division replaced the MU "Housing Management Company" with the legal successor of the MU "Debt Center".
05/13/2010 The ACC denied the claim again.
On 11.06.2010, an appeal was filed.
07/23/2010 the appeal has been postponed.
08/20/2010 the appeal was postponed and JSC Tambov Municipal Systems was invited to submit to the court written explanations on the inclusion in 2008 of residential buildings specified in the municipal contract in water supply (sanitation) contracts, as well as on the actual volume of water supply (sanitation) services provided to the defendants in 2008, with reference to Based on the evidence
on 24.09.2010, the 19AAC issued a ruling on the transition to the consideration of case A64-1503/2009 according to the rules of the court of first instance. The city district municipality was involved in the case as a third party.Tambov represented by the Housing Committee of the Tambov city Administration.
On 10/15/2010, the 19AAC postponed the preliminary court hearing and invited JSC Tambov Municipal Systems to submit clarified requirements.
On 10/26/2010, the plaintiff filed an updated statement of claim for debt collection for the actual amount of tap water consumed in the amount of 1,197,348.95 rubles and interest for using other people's funds in the amount of 201,355. 03 rubles, in which the defendants indicated the city of Tambov represented by the Housing Committee of the Tambov city Administration, LLC "Managing housing company", MU "Debt Center", LLC "Company Krona plus" was involved as a third party.
11/19/2010 19AAC postponed the preliminary court hearing.
12/10/2010 19AAS completed the preparation of the case for trial, invited the Ministry of Defense of Tambov to submit a Regulation on the Housing Committee of the Tambov City Administration.
01/28/2011 19AAC adjourned the meeting
02/04/2011 the plaintiff clarified the stated claims in terms of interest for using other people's funds and asked to recover 143,298.54 rubles. 19AAC invited the plaintiff to provide a detailed calculation of the amount of tap water consumed during the performance of work under the municipal contract and the principal debt with written explanations, as well as evidence of the validity of the stated claims.On 03/04/2011, the plaintiff clarified the stated claims, asked to collect from the defendants arrears for the actual amount of tap water consumed in the amount of 220 521.60 rubles and interest for using other people's money 26 391.99 rubles.
04/01/2011 The 19AAC announced a break in the meeting
04/15/2011 at the court hearing, the plaintiff reduced the stated claims and asked to collect the debt for the actual amount of tap water consumed in the amount of 99,964.80 rubles and interest for using other people's money for the period from 07/15/2008 to 03/17/2010 in the amount of 11,502.54 rubles.
19AAC the decision of the AC of 05/13/2010 in case no. A64-1503/2009 cancelled and collected 99,964.80 rubles of debt, interest for using other people's money 11,502.54 rubles, as well as 6949.35 rubles. the state fee for the consideration of the case in the court of first instance, appeal and cassation.