TOTAL - Quarterly report "Interregional Distribution Grid Company of Centre", Joint-Stock Company

The most material judicial disputes for 2009 with participation of IDGC of Centre, JSC.
No.
|
Procedure parties
|
subject
of an action
(application,claim)
|
Amount of an action
|
First instance court
proceedings
|
Proceedings for
review of judicial acts
|
Estimate of probability of taking judicial act in favor of a Plaintiff
|
Plaintiff/
Applicant
|
Defendant/
Interested person
|
Third party
|
|
|
|
II (cassation/ appeal)
inst.
|
Cassation inst.
(arbitration procedure)
|
Supervisory
authority
|
|
|
|
Date of
consideration
and result
|
Claim
applicant, date
of consideration
and results
|
Claim
applicant, date
of consideration
and results
|
Claim
applicant, date
of consideration
and results
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
Branch of IDGC of Centre, JSC – “Belgorodenergo”
|
1
|
IDGC of Centre, JSC
|
“BSC”, JSC
|
|
Debt for power transmission services
|
420 334 046 Rubles
|
On December 31, 09 amicable agreement was concluded
|
|
|
|
|
2
|
“BSC”, JSC
|
IDGC of Centre, JSC
|
|
Debt for loss compensation
|
195 302 953 Rubles
|
On October 05, 09 the action was dismissed
|
|
|
|
|
3
|
IDGC of Centre, JSC
|
"Regional generating company" Ltd.
|
|
Debt
|
4 830 548,00 Rubles
|
Claims were satisfied
|
On February 12, 10 appeal consideration
|
|
|
Averasge
|
4
|
IDGC of Centre, JSC
|
PE
A.A. Sidorenko
|
|
Debt recovery
|
4 375 439,00 Rubles
|
Claims were satisfied by the decision dated October 08, 09
|
On December 25, 09 remained in force.
|
Cassation claim
|
|
Average
|
Branch of IDGC of Centre, JSC – “Bryansenergo”
|
1
|
“BSC”, JSC
|
IDGC of Centre, JSC, the branch "Bryansenergo"
|
1)"Bryansk communal systems", JSC, 2) Russian Federal Service for Environmental, Technological and Nuclear Supervision of Bryansk region
|
Action on loss recovery in accordance with recourse procedure
|
1 252 387,56 Rubles
|
action is being considered
|
|
|
|
low
|
2
|
IDGC of Centre, JSC, the branch "Bryansenergo"
|
"Klimovsky krakhmal" Ltd.
|
-
|
action on debt recovery for technological connection
|
5266560,64 + 1364917 percent = 6631477,64
|
The action was satisfied in the amount of 6401979,91 by the decision dated February 02, 2010
|
|
|
|
|
3
|
IDGC of Centre, JSC, the branch "Bryansenergo"
|
"Bryansk sales company", JSC
|
|
Action on forfeit recovery under the contract
|
1142210,64 Rubles. Updated up to 614616,12 Rubles
|
Court decision dated November 03, 2009 concerning partial action satisfaction
|
|
|
|
|
Branch of IDGC of Centre, JSC – “Voronezhenergo”
|
1
|
“VPSC”, JSC
|
IDGC of Centre, JSC
|
|
Case А14-4327/2008/151/14 principal debt for Dec.2006 and interest recovery
|
6341115,68-debt 758493,27- interests
|
On August 25, 08. 6 431 115,68 Rubles of debt and 758493,27 Rubles- interests were recovered
New consideration: On August 05, 2009 case proceedings were suspended for examination on the case. Case proceedings were renewed, court session was postponed to December 18, 2009, court session was postponed to December 23, 2009, court session was postponed to an indefinite term.
|
IDGC of Centre, JSC October 30, 08
Satisfaction of the claim was rejected. The decision of the 1st instance court to be upheld
|
IDGC of Centre, JSC put in a cassation claim February 10, 09
The case is forwarded for new consideration
|
|
low
|
2
|
IDGC of Centre, JSC
|
“VPSC”, JSC
|
|
Case No. А 14-366/2009/11/25 recovery of debt under power transmission service contract (unaccountable consumption)
|
5 627 378,01 Rubles
|
On October 19, 2009 the decision of the AC of VR concerning refusal to satisfy claims of IDGC of Centre, JSC. Counter action of “VPSC”, JSC against IDGC of Centre, JSC was satisfied
7 390 792,00 (grid losses)
|
January 21, 2010
The decision of the 1st instance court remained in force, Satisfaction of the appeal of IDGC of Centre, JSC was rejected
|
|
|
high
|
3
|
“VPSC”, JSC
|
IDGC of Centre, JSC
|
|
Case А14-366/2009/11/25 counter action on recovery of power losses for November 2008 under power transmission service contract
|
7 685 000
|
Suspended until the decision dated May 06, 09 on the case No. А 14 - 16813/2008/551/18 will come into force. Case proceedings were renewed, the counter action of “VPSC”, JSC was satisfied by the decision of AC of VR dated October 19, 2009, 7 390 792,00 Rubles were recovered from IDGC of Centre, JSC (grid losses)
|
January 21, 2010
The decision of the 1st instance court remained in force, satisfaction of the appeal of IDGC of Centre, JSC was rejected
|
|
|
low
|
4
|
"Kit Capital", JSC
|
IDGC of Centre, JSC
|
|
recovery of unjust enrichment under technological connection contract
|
10 333 066, 80 Rubles - unjust enrichment
6 324,38 Rubles percent for use of sbm./smth. other’s monetary funds
|
By the decision dated October 27, 2009 the plaintiff was given refusal in recovery of 8 794 955,58 Rubles from IDGC of Centre, JSC, 1 538 110,42 of unjust enrichmane and 555,43 – interests for use of smb./smth. Other’s monetary funds were recovered in defendasnt’s favor
|
February 01, 2010
The court decision was partially changed by the resolution of the court of appeal instance
|
|
|
low
|
5
|
MUE "Voronezh water canal"
|
IDGC of Centre, JSC, “VPSC”, JSC, "TGC-4", JSC, "FGC of UES", JSC
|
MUE "MICC"
|
Case А14-15513/2007/403/15 recovery of unjust enrichment resulted by water non-payment in 2002-2007
|
14 851 560
|
By the decision dated April 24, 09
Recovered in full from "TGC4", JSC
|
“TGC-4”, JSC put in an appeal, court session was postponed to February 26, 2010
|
|
|
High probability of recovery from TGC-4, JSC
|
6
|
“VPSC”, JSC
|
IDGC of Centre, JSC, “Russian Railways”, JSC
|
|
Recovery of debt for power supplied for the purposes of compensation for losses in power grids for December 2006
|
6 291 875, 06 Rubles
|
October 27, 2009 consideration of the case was suspended until consideration of the case No. А 14-4327/2008/151/14
|
|
|
|
low
|
7
|
IDGC of Centre, JSC
|
“TGC-4”, JSC
|
“VPSC”, JSC
|
Case No. А 14-13579/2009/466/25 on recovery of debt formed as a result of joint obligation fulfillment by IDGC of Centre, JSC
|
Debt - 23 287 171,83 Rubles, execution fee 1 617 931,43 Rubles
|
December 25, 2009
Claims of IDGC of Centre, JSC were satisfied in full
|
“TGC-4”, JSC put in an appeal, consideration is appointed to February 26, 2010
|
|
|
High probability of recovery from TGC-4, JSC
|
Branch of IDGC of Centre, JSC – “Kostromaenergo”
|
1
|
IDGC of Centre, JSC
|
"KronoEnergo" Ltd.
|
Department of FEC and TC of Kostroma region
|
Debt recovery under the contract
|
154402,92
|
June 16, 2009
Satisfaction of claims was rejected, July 16, 2009 the appeal was forwarded
|
Claim applicant of IDGC of Centre, JSC , August 18, 2009
Satisfaction of the appeal was rejected
|
IDGC of Centre, JSC forwarded a cassation claim, appointed to December 02, 2009,
amicable agreement was concluded
|
|
|
2
|
IDGC of Centre, JSC
|
"Ruenergosbyt"Ltd.
|
Department of FEC and TC of Kostroma region
|
Debt recovery under the contract
|
8019955,12, after partial refusal from claims the action price amounted to 92184,78
|
Septemer 07, 2009, amicable agreement for the amount of 16 747 Rubles was concluded
|
|
|
|
|
Branch of IDGC of Centre, JSC – “Kurskenergo”
|
1
|
IDGC of Centre, JSC represented by the branch “Kurskenergo”
|
"KMA-Energosbyt", JSC
|
|
Debt recovery
|
25 289 431,03
|
January 20, 2009, amicable agreement was concluded, approved by the Arbitration court of Kursk region
|
|
|
|
|
2
|
The branch of IDGC of Centre, JSC – “Kurskenergo” (Case No.А35-1252/09-С11)
|
“Kursk power sales company”, JSC
|
|
Debt recovery for power transmission services
|
184219850,85 + 12 872016,43 increase of claims, plus % 215982,94
|
February 04, 2010
postponed without the fixed date
|
|
|
|
high
|
3
|
The branch of IDGC of Centre, JSC – “Kurskenergo”
|
"Kursk PSC", JSC
|
|
Recovery of principal debt + interests for use of smb./smth. other’s monetary funds according to Art. 395 of the RF CC
|
108 306 605,67 (principal debt) + 434 188,8 (interests for July)
|
The case was renewed without the fixed date
|
|
|
|
high
|
4
|
"Kursk PSC", JSC
|
The branch of IDGC of Centre, JSC – “Kurskenergo”
|
|
Recovery of debt for electric power purchased for the purposes of loss compensation
|
6 724 872,83
|
February 03, 2010 postponed without the fixed date
|
|
|
|
low
|
5
|
"Kursk PSC", JSC
|
The branch of IDGC of Centre, JSC – “Kurskenergo”
|
|
Recovery of debt for electric power payment for the period January-September 2009
|
27 403 840,46
|
February 02, 2010 postponed without the fixed date
|
|
|
|
low
|
6
|
Maxim Vyacheslavovich Yakovlev
|
The branch of IDGC of Centre, JSC – “Kurskenergo”
|
|
Prohibition of operation of OTL-35 and OTL-110 and moral damage recovery
|
10 000 000 Rubles
|
At consideration stage
|
|
|
|
low
|
|