Ухвала

від 26.09.2011 по справі 40/15

ГОСПОДАРСЬКИЙ СУД МІСТА КИЄВА

ГОСПОДАРСЬКИЙ СУД мі ста КИЄВА

01030, м.Київ, вул.Б.Хмельницьк ого,44-Б тел. 284-18-98

DECREE

Case № 40/15 26.09.11

After a lawsuit: the Companies limited liability “ZAPORIZHALUMINTORG”

To the defendant of 1: State property fund of Ukraine

To the defendant of 2: Company “VELBAY HOLDINGS LIMITED”

To the defendant of 3: Joint Stock Company "AvtoVAZ-Invest"

Third p erson: JSC "Zaporizhzhya Aluminium Plant production"the participation of the General Prose cutor of Ukraine

About: invalidation of points 2.3., 3.3. contract № KPP-3 07 purchase shares from 08/02/2001.

Judge Balats S.V.

Representatives:

the plaintiff: did not appear;

the defendant 1: ОС ОБА_1 (an attorney № 47 from 12.01.11);

the defendant 2: d id not appear;

the defendant 3: did not appear;

from a third per son: ОСОБА_2 (an attorney № 011.11-63 from 23/12/10)

prosecutor: Gromadskiy S.O. ntification № 42.

Examined the Commercial court of city of Kyiv on the case № 40/15. By a decision f rom a 27.12.2006 realization it was in case shut-down to consideration of complaint higher instances about a decision about security for a claim from 20.12.2006 and returning of case in the Commercial court of city of Kyiv.

Kyiv Appeal commercial court of Appeal abolished the Commercial court of city of Kyiv ruling a decision from 10.11.2010, which is leave without changes the Higher commercial court of Ukraine rul ing, from 27.12.2006.

After returning of the case in the Commercial court of city of Kyiv, it is passed for consider ation of judge S.V. Balats.

By a decision of 10.02.11 № 40/15 deal made in the proceedings, the trial scheduled for 05/ 09/11.

By a decision of 05.09.11 hearing postponed to 26.09.11.

In the court received a petition from the third person of adequate notice of the defendant 2, namely the Company "Velbey Holdings Limited".

At the hearing on 26.09.11 plaintiff, defendants 2 and 3 didn't appear, plenipotentiaries were n't present, any reasonable statements and petitions containing valid reasons of the absence of the representatives weren't submitted.

Also in court on 26.09.11 found that respondent 2 - Company "Velbey Holdings Limited" hadn't b een notificated properly, namely the time, date and place of next meeting due to the fact that the d efendant 2 changed location in Themistokli, Dervi Street, 5 Elenion Building, 2nd floor, Nicosia, Cy prus.

So, given the above, the dispute cannot be decided in this court.

Following of articles 38, 86, 77 of the Commercial practice code of Ukraine, court, -

DECREEED:

1. Defer hearing on 15.11.11 о 14:30. The meeting will be held at the court room num ber 49.

2. Obligate the plaintiff to send a copy of the statement of claim with applications of the Co mpany "Velbey Holdings Limited" to: Themistokli, Dervi Street, 5 Elenion Building, 2nd floor, Nicosi a, Cyprus. Evidence sent give to court.

3. Obligate the defendant 2 to send to court response to the petition as prescribed in Art. 59 Commercial practice code of Ukraine, with explanations in fact the stated requirements and the addi tion of supporting documents, including documents confirming copy sent objections and attached docum ents plaintiff.

4. Obligate participants in a trial in court to send their authorized representatives.

Judge S.V. Balats