July 02, 2019 City of Kyiv
On the claim of VANGUARD CAPITAL PARTNERS LTD
against the defendant-1: Limited Liability Company "ANISAM"
against the defendant-2: BIVOLTONIA VENTURES LIMITED
against the defendant-3: BALTON INCORPORATED
against the defendant-4: State registrar - notary private of Kyiv City Notary District
Mr.Gnidyuk Oleksandr Borysovych
against the defendant -5: State registrar of the branch office of the communal enterprise of Myrnopilskyy village council "RESULTAT" in the city of Kyiv
Mr . Shake-Seykin Oleksiy Anatoliyovych
for reclamation of property from unlawful possession.
Representatives: without calling parties
CIRCUMSTANCES OF THE CASE
VANGUARD CAPITAL PARTNERS LTD (hereinafter referred to as the plaintiff) has appealed to the Economic Court of the city of Kyiv with a claim against the Limited Liability Company "ANISAM" (hereinafter referred to as the defendant-1), BIVOLTONIA VENTURES LIMITED (hereinafter referred to as the defendant-2), BALTON INCORPORATED (hereinafter referred to as the defendant-3), the State registrar - notary private of Kyiv City Notary District Mr.Gnidyuk Oleksandr Borysovych (hereinafter referred to as the defendant-4), and State registrar of the branch office of the communal enterprise of Myrnopillya village council "RESULTAT" in the city of Kyiv Mr.Shake-Seykin Oleksiy Anatoliyovych (hereinafter referred to as the defendant-5) for reclamation of property from unlawful possession.
- To declare the agreement of sale and purchase of a participatory interest of the defendant-1 in the charter capital of April 29, 2017, concluded by and between the plaintiff and Mr.Khaydarov Mukhammed, null and void;
- To recognize the plaintiff's right for the plot of land;
- To reclaim the plot of land from the possession of the defendant-3 in the plaintiff's possession;
- To cancel the decision of the defendant-4 on state registration of rights and encumbrances thereon of May 04, 2017 No.35044779 and entry of May 04, 2017 No. 20253278 on registration of the right of ownership of the defendant-1 for the plot of land;
- To cancel the decision of the defendant-4 on state registration of rights and encumbrances thereon of May 04, 2017 No.35046321 and entry of May 04, 2017 No. 20254756 on registration of the right of ownership of the defendant-2 for the plot of land;
- To cancel the decision of the defendant-5 on state registration of rights and encumbrances thereon of December 04, 2017 No.38511430 and entry of December 04, 2017 No. 23728408 on registration of the right of ownership of the defendant-3 for the plot of land.
By the regulations of part 1 of article 230 of the Economic Procedural Code of Ukraine it was established that the proceedings in the case will be resumed by request of the participants of the case or at the initiative of the court at least ten days after the day on which the court received the notice about removing circumstances that had caused the suspension of the proceedings in the case. On resuming the proceedings in the case the court has made a decision.
Taking into account the foregoing and being guided by articles 60, 135, article 230, article 234 of the Economic Procedural Сode of Ukraine, the Economic Court of the city of Kyiv
3. To establish the authority of the litigation participants in accordance with the requirements of article 60 of the Economic Procedural Code of Ukraine and provide duly certified copies of the documents confirming the authority of their representatives.
4. To warn the litigation participants that in case of non-fulfillment of the court requirements the measures of procedural compulsion in the form of a penalty, as provided by article 135 of the Economic Procedural Code of Ukraine, may be applied against them.
The decision shall come into force since it signed by the judge and shall not be subject to appeal.
Judge Balats S.V.