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Thursday, 17 May 2012
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06:35

Adjudications

Recommendations of judicial bodies

  1. Judicial Department of the Supreme court of the Russian Federation (letter of 19.07.2006 g. No. of IYB-1/1949)
  2. The arbitration court of Kaluga region
  3. The arbitration court of Tomsk region
  4. The court of arbitration of Novosibirsk region
  5. The arbitration court of the Rostov region
  6. The arbitration court of the Chelyabinsk region
  7. The arbitration court of the city of St. Petersburg and Leningrad region
  8. The arbitration court of Sverdlovsk region
  9. The arbitration court of the Kemerovo region
  10. The arbitration court of the Altai territory
  11. The arbitration court of Nizhny Novgorod region
  12. The arbitration court of the Stavropol territory
  13. The court of arbitration of the Republic of Tatarstan
  14. The court of arbitration of the Republic of Khakassia
  15. The arbitration court of the Arkhangelsk region
  16. The court of arbitration of the Republic of Karelia
  17. The court of arbitration of the Republic of Bashkortostan
  18. The arbitration court of the Kostroma region
  19. The arbitration court of Irkutsk region
  20. 3-rd arbitration court of appeals
  21. 4-th arbitration appeal court
  22. 17-th arbitration appeal court

Judicial institution: Arbitration court of the city. Moscow

Claim:
LLC "Firm-Builder-97" to the Moscow Pedagogical State University

Questions posed to the experts: the Definition of volume and cost of carried out construction-assembly works.

Result:
On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled that the claims of OOO "Firm-Builder-97" to satisfy partially.

A copy of the court decision

Judicial institution: Arbitration court of the city. Moscow.

Claim: LLC "Globalstroygroupp" to OOO "Prestige-M".

Questions posed to the experts: Determination of the quantity, quality and cost of the executed under contracts building and construction works.

Result:
On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled initial claims LLC "Globalstroygroupp" to satisfy partially.

A copy of the court decision

Judicial institution: the court of Arbitration of the republic of Tatarstan.

Claim:
IP Ohotnikovoj to the LLC "Advertising-Center"(Naberezhnye Chelny).

Questions posed to the experts: the Definition of volume and cost of actually executed by construction-assembly works and their conformity to the acts of acceptance of the executed works.

Result: On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled in a lawsuit to refuse.

A copy of the court decision

Judicial institution: Arbitration court of the city. Moscow

Claim: the Prefecture of the eastern administrative district of the city of Moscow against LLC "МastersGarant"

Questions posed to the experts: the Definition of solidity of the structure.

Result:
On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled in a lawsuit to refuse.

A copy of the court decision

Judicial body: the Arbitration court of the Moscow region

Claim: LLC "Solo uno" tu " LLC "AVM Garant"

Questions posed to the experts: Examination of technical condition of the marble slabs and defining possibility  further use of marble slabs

Result: On the basis of the conducted by the specialists of the centre of Expertise "INDEX" in the survey were listed defects that do not allow for the continued use of the investigational marble slabs, and also identified the most probable causes of these defects.

A copy of the court decision

Judicial body: Arbitration court of the city. Moscow

Claim:
LLC "Karat RSK" to the federal state unitary enterprise "research and production center of gas turbine engineering "Salyut"

Questions posed to the experts:
the Definition of volume and cost of carried out construction-assembly works.

Result:
On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled in a lawsuit to refuse.

A copy of the court decision

Judicial body: the Arbitration court of the city of Moscow

Action: OJSC "PKTN promstroy" to the LLC "Transport Project"

Questions posed to the experts: the Definition of volume and cost of actually executed project works.

Result: On the basis of the centre of excellence "INDEX" of the judicial building-technical expert examination, the court decided to recover from the OJSC "PKTN promstroy" unduly paid funds.

A copy of the court decision

Judicial body: the Arbitration court of the Samara region

Action: the Ministry of transport, communications and roads to the LLC "AMC"

Questions posed to the experts: the Definition of volume and cost of actually executed design-research and construction-assembly works.

Result: On the basis of the centre of excellence "INDEX of" judicial-building examination, the court ruled to exact from the defendant the sum of the principal debt.

A copy of the court decision

Judicial body: the Arbitration court of the city of Moscow

Claim: LLC "EcoDorStroy" to CJSC "DSK "AUTOBAHN"

Questions posed to the experts: the Definition of Volume, quality and cost of work actually performed.

Result: On the basis of the centre of excellence "INDEX of" judicial-building examination, the court decided to reject the claim, the plaintiff sought to recover from in favor of the defendant amount of overpayment.

A copy of the court decision

Judicial body: Commercial Court of the Moscow Region

Claim: LLC "Ardis" to LLC ISK "Gletcher"

Questions addressed to the experts: Determination of volumes, quality and value of de facto performed works.

Result: On the ground of the construction expertise executed by Center of expertise "INDEX" the court has held to recover from the defendant the principal sum and interest for the use of the other person's funds.

Copy of the judgment

Judicial body: Commercial Court of the Zabaikalye Territory

Claim: employees of CJSC "Public Enterprise "Chitagrajdanproect" to LLC "Svoe jile"

Questions addressed to the experts: Determination of possible defects of the project preventing its implementation.

Result: On the ground of the construction expertise executed by Center of expertise "INDEX" the court has held to recover from the defendant the principal sum and interest for the use of the other person's funds.

Copy of the judgment

Judicial body: Commercial Court of Moscow

Claim: LLC "ADS Group" to OJSC Joint-Stock Commercial Bank"EVROFINANSMOSNARBANK"

Questions addressed to the experts: Determination of value of construction and assembling works performed by the claimant.

Result: On the ground of the construction expertise executed by Center of expertise "INDEX" the court has held to recover from the defendant the principal sum.

Copy of the judgment

Judicial body: Commercial Court of Moscow

Claim: LLC "StroyPromSystem" to LLC "GEMA Terminal"

Questions addressed to the experts: determination of compliance of quality, volume and value of performed works with conditions of Works Contract and acceptance certificates (КС-2).

Result: On the ground of the forensic building expertise executed by Center of expertise "INDEX" the court has rejected the claim.

Copy of the judgment

Judicial body: Commercial Court of Moscow

Claim: OJSC "RosDorBank" tu Moscow as subject of the Russian Federation represented by finances department of Moscow

Questions addressed to the experts: Determination of market value of permanent improvements and repair works.

Result: On the ground of the forensic building technical expertise executed by the Center of expertise "INDEX" the court has held to recover from the defendant the sum of unjust enrichment.

Copy of the judgment

Judicial body: Commercial Court of Moscow Region

Claim: LLC "Volga-fraht", Dubna, to LLC "PTP "Promenergoservice", Electrostal

Counterclaim: LLC "PTP "Promenergoservice", Electrostal v. LLC "Volga-Fraht", Dubna

Questions addressed to the experts: Determination of volume and value of works on capital repair of boiler station reserve fuel facility in village Kommunarka of Leninskiy district performed by LLC "PTP "Promenergoservice".

Result: On the ground of the forensic building technical expertise executed by the Center of expertise "INDEX" the Claimant has increased its claims by three times which have been further satisfied by the court. The court has rejected the counterclaim.

Copy of decision on forensic building technical expertise

Copy of the judgment

Judicial body: Commercial Court of the Republic of Tatarstan

Claim: LLC "Arty Inshaat Turizm Madendjilik Petrol ve Kimevi Maddeler Sanayi ve Tidjaret Limited Shiketi", Kazan v. LLL "Reglament" and LLC "StashIncom", Novorossiysk

Counterclaim: LLC " StashIncom", Novorossiysk to LLC "Arty Inshaat Turizm Madendjilik Petrol ve Kimevi Maddeler Sanayi ve Tidjaret Limited Shiketi", Kazan

Questions addressed to the experts: Determination of actual value of works performed by the Claimant and used construction materials subject to prices agreed by the parties in the contract and in case of unavailability of agreed prices on the basis of price which in similar circumstances is usually charged for analogous works as well as subject to rise in price in the course of construction of facility "Commercial buildings of loading and unloading terminal of "A" class".

Result: On the ground of the opinion executed by the Center of expertise "INDEX" the court has rejected the claim. The court has partially satisfied the counterclaim.

Copy of the judgment

Judicial body: Commercial Court of the Tula Region

Claim: LLC "Knauf Gips Novomoskovsk" to Interdistrict Federal Tax Service Inspectorate of Russia with regard to the major debtors of the Tula Region

Questions addressed to the experts: Division of performed construction and assembling works into current repair, capital repair and reconstruction

Result: On the ground of the construction and technical expertise executed by the Center of expertise "INDEX" the court has satisfied the claim of LLC "Knauf Gips Novomoskovsk" which permitted to significantly reduce tax contributions.

Copy of the judgment

Judicial body: Commercial Court of Moscow

Claim: OJSC "Moskonversprom" to Federal State Cultural Institution "State Kremlin Palace" of Department for Presidential Affairs of the Russian Federation

Questions addressed to the experts: Determination of volumes and value of de facto performed construction and assembling works.

Result: On the ground of the construction and technical expertise executed by the Center of expertise "INDEX" the court has held to recover from defendant the sum of unjust enrichment and interest for the use of the other person's funds.

Copy of the judgment

Judicial body: Commercial Court of Moscow Region

Claim: LLC "Antrom" to LLC "Raduga"

Questions addressed to the experts: Determination of volume, quality and value of construction and assembling works de facto performed by the Claimant

Result: On the ground of opinion prepared by the Center of expertise "INDEX" the sum of claim has been reduced.

Copy of the judgment

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