The defendant's appeal against the decision of the arbitral tribunal. An appeal, a sample of an appeal against a decision of an arbitration court. Drawing up a complaint and its sample
Sample of an appeal against a decision of an arbitration court
The Fifteenth Arbitration
Court of Appeal
Plaintiff: ______________________
Defendant: ___________________
The address:______________________
Telephone:____________________
Case No. ____________________
APPEAL COMPLAINT
on the decision of the Arbitration Court of the Krasnodar Territory in the case on the claim of ______________ to __________________ about _________________________________ dated "___" ________ ____
"___" _______ ____, the decision of the Arbitration Court of the Krasnodar Territory fully (partially) satisfied (unsatisfied) the statement of claim
___________________________________________ in this case about ________
(the name or full name of the plaintiff is indicated)
____________________________________________________________________.
(the requirements stated by the plaintiff are indicated)
According to this decision, the court found that _______________________
______________________________________________________________________
_____________________________________________________________________.
(the facts established in the court decision on the case are indicated)
However, this court decision is not lawful and unreasonable.
Therefore, _____________________ does not agree with this decision on the following grounds: the court of first instance did not fully examine the evidence in the case, the court's conclusions do not correspond to the circumstances of the case, the norms of material and procedural law __________________________________ __________________________________________________________________________
__________________________________________________________________________.
(indicate the grounds on which the person filing the complaint does not agree with the court decision)
In this regard, the grounds for ____________________________________
(satisfaction of the claim, rejection of the claim, etc.) was not available.
Therefore, based on the foregoing and in accordance with Articles
_____________________________________________________________________,
(the norms of laws and regulations are indicated, on the basis of which the person filing the complaint justifies his claims) as well as Articles 257, 259, 260 of the Arbitration Procedure Code of the Russian Federation
ASK:
cancel (or change) the decision of the Arbitration Court of the Krasnodar Territory
dated "___" _________ _____ in case No. _______
o ________________ ___________________________________ in full (or
in part) and adopt a new judicial act (cancel the decision in full or
in part and terminate the proceedings or leave the claim without
consideration in whole or in part).
Application:
1. Receipt of sending copies appeal persons participating in the case.
2. A document confirming the payment of the state duty (or documents confirming the right to receive benefits for the payment of the state duty, or an application for a deferral, payment by installments, or to reduce the amount of the state duty).
3. A copy of the contested decision.
4. Additional evidence (documents, certificates, letters, etc.)
5. Power of attorney or other document confirming the authority to sign the appeal.
A brief appeal to the arbitration court is used quite often. It is worth noting the fact that there is no such legal term.
This is just a colloquial common expression, it is also called - preliminary to the decision of the arbitration court. Lawyers use and use this technique as a countermeasure in response to the cunning of judges and their assistants.
What problems can be avoided by writing a short complaint, what goals can be achieved as a result of using this tool, and will be discussed in our article. The information presented, in any case, will be very useful and interesting. So read it carefully.
In this article:
How to write a short appeal against an arbitration decision
The drafting of this document should be done very clearly and accurately. It is necessary to take into account the fact that the reasons that prompted the decision should be stated in such a way that they would make it clear to the court about the violations in making the decision.
The task is really difficult. It requires experience and knowledge in the field of jurisprudence. It is better to seek help from a law firm.
Courts very often leave such complaints idle.
Moreover, for completely different reasons, such as:
- Incorrect filing of a complaint.
- Lack of indication of any events of importance.
- Failure to comply with the deadline for filing a complaint.
- Violation of other procedural rules.
To be honest, very often, these so-called grounds are just a screen or veil to hide the true reasons.
In order to better understand the essence of this problem, you need to talk about when and under what circumstances the concept of a brief appeal appeared.
When you need a short complaint
During the transition from the Soviet system of law to the modern Russian one, there was a sharp increase in the number of subjects who began to master the so-called economic activity... As a result, the demand for dispute resolution in arbitration has grown significantly.
It should be noted that earlier the court decision entered into force for a ten-day period, but now a month should pass. Due to the heavy workload of the judges, they simply did not have time to make a final decision on the case.
Thus, a situation was created that after the judges, those who wished to file an appeal court acted with a delay.
Therefore, experienced lawyers began to file an appeal without waiting for the judge to issue a reasoning, that is, the final part of the decision. The basis for filing a complaint, in this case, is the presence of the operative part, which the judge reads out at the session.
To eliminate such conflicts, the legislator changed the terms for the entry of court decisions to longer ones. However, the demand for arbitration continues to grow and the judges have not become less busy. Based on this, the concept of a brief complaint in the arbitration process remains relevant.
Some nuances associated with complaints
As mentioned above, arbitration court judges are overworked. This is indeed the case. Therefore, untimely decisions appear in their work. In general, it is worth clarifying that the judge has five days to draw up a reasoning part and make a full reasoned decision on the case.
Despite this, the parties to the arbitration often receive letters from the courts, the content of which says that due to the heavy workload, the five-day period is postponed.
When announcing the operative part at a court session, it is this date that is set, and after the final decision is drawn up, the judges do not change it.
Thus, there is an artificial skipping of the deadline for filing an appeal. This is why a short complaint is needed in an arbitration process.
The tricks that have been presented may be encountered by the arbitrator if he does not have experience in such cases.
And since a short complaint requires a special approach in writing, such an inexperienced person, as a rule, makes a mistake, the court ignores it, and then the chances of appealing on time turn into nothing.
What a short complaint should contain
In fact, a brief complaint differs from an ordinary complaint in the content of the essence of the problem. In other words, in the place where the reasons for disagreeing with the decision of the court of first instance are indicated, brevity is needed.
Again, the wording should be such that the essence of the problem is not lost. At the same time, it must be borne in mind that a usual complaint is written based on the content of the motivation part and on it.
A short complaint is made in the absence of information about the reasons for the decision by the court. However, it is impossible to base your arguments on only one operative part. The court may leave it motionless, pointing out that it is unreasonable.
Therefore, it is necessary, at least partially, to foresee the motivation part and use interpretations that are relevant to the final court decision.
All these difficulties can be easily overcome by an experienced arbitration lawyer. Call us and we will tell you what your short appeal to the arbitration court should contain. A sample for general writing can be downloaded from our website.
Generalizations and useful advice when filing a preliminary appeal to the arbitral tribunal
So, a short complaint to the arbitration court should be written if:
- There is a delay in the delivery of the final award in the arbitration case.
- There is a certainty about what the motivation part will contain.
- There are solid grounds for appeal.
- Alternatively, delay the time frame for the consideration of the case.
In other cases, of course, there may be hope for success, but you should not flatter yourself unnecessarily.
Well, in order for everything to go smoothly, you need to contact a law firm. There are too many nuances, and, therefore, the chances of making a mistake are very high. There is no need to take risks. This will not lead to success.
Example of a Brief Appeal to the Arbitration Court
Below in the word file you can download an example of a short complaint to arbitration, which will give you an idea of how to draw up this procedural document.
In order to cancel or change the decision of the first instance court of appeal, which has not yet entered into force, a special procedural document is drawn up and submitted - an appeal. Next, we will consider by whom and how it is drawn up, when and in what order it is submitted, whether payment of the state duty is required.
When and by whom is the appeal made?
The ruling made by the arbitration court can be challenged by filing a complaint through the same court, which is indicated in paragraph 1 of Art. 257 APC RF. As a rule, appeals are made against cases that are related to contractual relations or the implementation of entrepreneurial activity. For example, cases are being reviewed concerning:- protecting the business reputation of the company;
- challenging contracts;
- or bankruptcy of the organization;
- compensation for damages, etc.
- persons who took part in the case, including the plaintiff and the defendant;
- persons who are not parties to the case, but the decision made directly relates to their rights and obligations;
- persons who are the legal successors of the parties to the case, but do not participate in court proceedings, after which an unsuitable decision was made;
- the prosecutor, even if he participated in the proceedings, but if the case is indicated in paragraph 1 of Art. 52 of the Federal Law No. 95, as established in clause 1 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation.
- the facts that influenced the consideration of the case were determined incompletely or incorrectly;
- the adopted definition does not correspond to the evidence considered in the course of the court proceedings;
- the definition was adopted in violation or incorrect interpretation of the applicable legislative norms;
- the case was considered by a panel of judges, which was not in the legal composition;
- the case was considered without persons who had been informed about the time and place of the hearing in an inappropriate manner.
If the decision of the arbitration court is made in violation of the accepted norms, it is subject to challenge.
Deadline for submission
In Art. 259 of the APC established norms regarding the time frame for filing a complaint, according to which an appeal can be filed within a month after the decision was made. Then, within 3 days, the complaint is redirected to a higher court, and all the materials available on the case are attached to it.It should be noted, however, that some cases are subject to tight deadlines - they can only be appealed within 10 days from the date of the verdict. These are:
- cases concerning bringing to administrative responsibility;
- cases that were considered in a simplified manner;
- cases concerning the bankruptcy of organizations.
- serious illness, long business trip, ignorance of the appeal deadline and other circumstances that are directly related to the applicant;
- ignorance of the court verdict directly related to the rights and obligations of the applicant;
- obtaining copies of the court's decision after the period during which the performance was subject to appeal;
- lack of clarification by the court regarding the procedure for appeal.
Only those complaints for which the appeal deadline has not expired or for which a request is attached to the complaint with a request to restore this deadline are accepted for consideration.
Drawing up a complaint and its sample
If the complaint is filed incorrectly, the court may refuse to accept it for consideration, therefore, special attention must be paid to this issue. The complaint can be filed with the help of a professional lawyer or independently, in any case, it must meet the requirements specified in Art. 260 agro-industrial complex.It is filled in in this order:
1. The "header" of the application is drawn up, which consists of the following information:
- the name of the judicial authority in full;
- details of the parties involved in the case, for example, the plaintiff and the defendant (legal entities indicate the name, TIN, PSRN and address, and individuals - full name, registration and actual residence address, contact information);
- case number;
- title of the document (centered);
- the full name of the court that made the unsuitable decision, the date of its issuance.
- the date of the verdict and its essence (the plaintiff's claims, the facts established by the court);
- the essence of the requirements and the grounds on the basis of which the court verdict should be canceled or changed (in order to increase the chances of a successful appeal, it is worth referring to the laws and circumstances that are factual for the case).
The complainant has no right to claim what has not been considered in the first instance court of appeal. If there are new requirements, you will need to apply to the arbitration court with a corresponding statement.
3. The requesting part is indicated, which begins with the word "Please" from the central part of the sheet. It is noted here whether the applicant wishes to completely reverse the decision or change parts of it that directly relate to the applicant's personality.
4. The final part is drawn up, which lists the names of the documents that are attached to the complaint. The part begins with the word "Applications". So, to increase the chance of a successful appeal, you should attach the following papers:
- a copy of the unacceptable decision;
- a receipt confirming the fact of payment of the state fee (either documents that the applicant has benefits when paying the fee, or an application for an installment plan / deferral to pay or reduce the amount of the fee);
- supporting documents that all persons participating in the case received a copy of the appeal (for example, such documents may be postage checks);
- a document confirming that the person signing the complaint has grounds for this (for example, a power of attorney).
All documents attached to the complaint can be submitted in electronic format.
5. The signature of the applicant or his legal representative is put in front of his initials, as well as the date of the complaint.
How to submit documents?
According to paragraph 1 of Art. 260 ФЗ №95, documents can be submitted in two formats:- Written... A package of papers can be submitted directly with a personal appeal to the court office or by registered mail, while you will need to draw up an inventory of the attachment and receive a notification of the successful delivery of the letter.
- Electronic... All papers can be sent through the official website of the arbitration court. This is determined by the resolution of the Plenum of the Supreme Arbitration Court No. 80 of 08.11.2013.
Without the attachment of a receipt confirming the payment of state fees, the complaint will not be accepted, therefore, a reconsideration of the case will be impossible. To avoid this, you will need to pay a fee. Its size is 50% of the state duty for filing a non-property claim, which is indicated in sub. 12 p. 1 of Art. 331.21 of the Tax Code of the Russian Federation. So, if the state duty for a property claim is 6,000 rubles, then the state duty for filing an appeal is 3,000 rubles.
If the court satisfactorily considers the claims specified in the complaint, the opponents of the applicant will most likely be responsible for reimbursement of all legal costs.
Terms of consideration
According to Art. 267 APC, the appeal must be considered within 2 months from the date of its receipt. But it is worth noting that the office work will not be open at all due to the following reasons:- the complaint was filed by a person who does not have the right to do so;
- the applicant requests an appeal against the court decision, which cannot be reviewed within the framework of the appeal proceedings;
- the deadline for filing an appeal has expired;
- the complainant has personally withdrawn his application;
- there are grounds on the basis of which the application must remain motionless (Article 263 of the APC).
If the court decides to return your appeal, after correcting any deficiencies, it can be resubmitted.
So, if the ruling of the court of appeal has not yet entered into legal force, it can be appealed. To do this, a complaint must be sent to the court of first instance within 30 days from the date of the announcement of the unsuitable decision. It must be correctly drawn up, otherwise the appeal proceedings will not be initiated.
What are the grounds for filing an appeal?
Any citizen who is one of the parties to the proceedings has the right to appeal against the decision of the court of the first instance if he has reason to believe that the court made an unfair (illegal) decision or did not take into account all the materials and nuances of the case when making it.
The appellate instance does not consider the case on the merits, that is, from scratch. But in the course of the appeal proceedings, the parties may present additional evidence in the case and invite witnesses who did not participate (did not appear) in the 1st instance. It should be noted that such evidence, like witness testimony, is considered by the courts of the 2nd instance only in cases where the person who filed the appeal manages to prove that they were not presented to the court of the 1st instance for objective reasons.
It is also important to note that the court of appeal considers the case only within the limits established in the complaint. This means that if it comes on the appeal of only part of the court decision, the case will not be considered on the remaining points (exceptions are made only in relation to the norms of procedural law). Regardless of whether the complaint specifies the need to verify the procedural legality of the decision of the first instance court, it is the responsibility of the appellate court to check the decision for compliance with the procedural norms of law.
To confirm or refute the legality of decisions taken by lower courts, the appellate court has the right to carry out a full check of decisions for their compliance with the legislation in force in the territory of the Russian Federation. In practice, this is quite rare, but Part 2 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, such a right is assigned to the courts of appeal.
It should be mentioned that the courts of appeal are engaged in considering only those cases in which the decisions of the courts of the first instance did not have time to come into legal force. According to the norms of the current legislation, a period of 30 days from the date of its issuance is given for appealing the decision of the court of the first instance. Thus, you can file a complaint during this period, but your complaint will be transferred to the court of appeal no earlier than one month from the date of the first decision on the case. The exception is cases when the deadline for appeal was missed for a good reason, after which it was reinstated in court.
Who Should I Appeal By?
In accordance with Article 320 of the Code of Civil Procedure of the Russian Federation, the plaintiff, the defendant, the prosecutor (if he took part in the consideration of the case), as well as other participants in the process, have the right to file an appeal.
It is important to say that the court can, by its decision, determine the circle of persons who did not take part in the case, but whose interests are affected and, in the court's opinion, are taken into account in the decision.
To which court, how long to file an appeal and by whom will it be considered?
According to Art. 321 Code of Civil Procedure of the Russian Federation, the appeal is filed through the court that made the decision in the first instance. Thus, if you are going to appeal, for example, the decision of the magistrate court, then refer your complaint there. It should also be noted that, in accordance with procedural legislation, if a complaint is filed immediately to the appellate instance, it must be forwarded to the court of the first instance in order to comply with the procedural order of its filing.
As soon as the period for appeal, which we talked about above (a month), expires, the appeal, along with the full set of documents attached to it, must be sent to the court of appeal, and copies of it must be sent to the participants in the proceedings.
Where is the appeal filed?
The appellate instance is determined depending on how judicial authority 1st instance, the case was considered. So, for example, when it concerns the decisions of the magistrates' courts, they are appealed against in the district courts, where they are considered by the judges alone. When it comes to those decisions that are made by the courts of the district and garrison military, the appeal is carried out in the territorial (regional), supreme republican courts and judicial instances of cities of republican significance. In turn, when it comes to the decisions of the last, adopted in the order of the first instance, their consideration is carried out by the collegium for civil proceedings. The Supreme Court RF.
As for the decisions taken by the district (naval) courts, their appeal on appeal takes place in the judicial collegium for military personnel of the Armed Forces of the Russian Federation. If the court of the first instance was the Supreme Court of the Russian Federation, then in this case the Appellate Collegium of the Armed Forces of the Russian Federation will act as the appellate body.
What are the deadlines for consideration of appeals?
Art. 327.2 of the Civil Code of the Russian Federation indicates that in the appellate instance (with the exception of situations when the Supreme Court of the Russian Federation or its collegium acts as such), the complaint received by it should be considered within a period not exceeding 2 months from the date of its receipt for consideration.
When the Supreme Court of the Russian Federation (the collegium of the Supreme Court of the Russian Federation) acts as a court of appeal, then the period for considering complaints is 3 months from the date of their receipt.
Withdrawal or objections to the appeal?
Art. 262 of the Code of Civil Procedure of the Russian Federation provides that the person who participates in the case (as a rule, it is the defendant or a third person making independent claims) draws up a response to the claim. At the same time, the Code of Civil Procedure of the Russian Federation does not contain such a term as objections. We conclude that it is synonymous with the term "review" used in everyday life.
A paper is attached to the document, which confirms the words of the author of the review. He must also confirm the fact of sending the response to other participants in the case (postal checks on the dispatch).
If the response is submitted not by a citizen who participates in the case, but by his representative, a power of attorney must be attached to him for the right to represent the interests of the participant in the case.
Don't know your rights?
What is the basis for the appeal to be left without progress, and what are the reasons for its return?
The law stipulates a number of situations in which an appeal may be left by the courts without movement, or it may even be a question of its return to the person who filed the appeal.
In particular, it can be left without movement if it does not correspond in its content to the requirements of the legislation. Also, complaints remain without movement in cases where the persons who submitted them do not pay the state duty in a timely manner.
If the court finds grounds for leaving the complaint without movement, it must issue a ruling on this no later than 5 days after the documents were received by the court. In this ruling, the court establishes a reasonable period for the person who has filed a complaint to eliminate violations. If the violations are eliminated within the specified time period, the complaint is deemed to have been filed from the moment the documents were initially submitted to the court.
In addition, in several cases, the complaint is returned to the person who submitted it:
- if the violations revealed by the court were not eliminated within the prescribed period;
- if the period established for appealing the court decision has expired, and the appeal does not contain a request for its renewal (or this request was rejected by the court);
- in case of withdrawal of the appeal by the person who filed it.
It is important to note that in order to return a complaint, it is necessary for the court to make an appropriate decision. This decision can also be appealed - by filing an ancillary complaint.
Refusal to file a complaint, reconciliation of the parties or conclusion of an amicable agreement
At all stages - from the moment the appeal is accepted until the court makes the appeal ruling - the parties and participants in the process have the right to:
- for reconciliation;
- waiver of claims;
Refusal to file an appeal is possible until the court of the appellate instance makes its determination. Refusal means that a person submits an application that there is no more interest in appealing the decision of the first instance court. On the basis of such a statement, the court makes an appropriate ruling, and the proceedings on the case are terminated.
Refusal of claims, recognition of the claim by the defendant, as well as the conclusion of an amicable agreement is also carried out on the basis of the submitted application.
Mandatory attributes of an appeal
In accordance with Art. 322 of the Civil Procedure Code of the Russian Federation, appeal must contain a number of required attributes:
- The name of the court to which this complaint is addressed (we talked about how to determine the addressee above).
- Information about the person filing the complaint.
- The data of the trial, which resulted in the decision, and which you are going to appeal (case number, date of the decision).
- A list of the requirements that you put forward. That is, if you demand the cancellation of the specified decision completely, then write that; if, for example, you are not satisfied with only the amount of the payment determined by the court, then indicate that you are asking to reconsider its amount, etc.
- Substantiation of why you believe that the court made an illegal or unfair decision, with references to specific rules of law that, in your opinion, have been violated.
- List of documents that are attached to your complaint. Here there may be evidence (if they are presented to the court for the first time, then it is necessary to indicate the circumstances for which this was not done in the first trial), other materials you have that are relevant to the case under consideration, as well as a document confirming the payment of the state fee.
It is important to note that you cannot make claims on your appeal that you did not make in the first trial. For example, if you are a plaintiff and demanded to recover from the defendant the amount of debt and interest for the use of other people's money, then within the framework of the appeal proceedings you cannot additionally claim compensation for moral damage.
The appeal must be signed personally by the person who filed it, except when such acts through his representative. In the latter case, you must also attach a power of attorney to the complaint to represent your interests by other persons.
From the plaintiff Komarova Maria Vladimirovna
680010, Khabarovsk, st. Krasnoarmeyskaya, 1, apt. one
APPEAL COMPLAINT
Against the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 of March 11, 2017, at the request of Maria Vladimirovna Komarova.
On December 13, 2016, Maxim Viktorovich Pavlov and I entered into a lease agreement for residential premises located at the address: Khabarovsk, Mirnaya Street, 12, apartment 43, according to which I, as a tenant under the agreement, had to deposit indicated by M.V. Pavlov, sum of money in the amount of 20,000 rubles (twenty thousand rubles 00 kopecks) as payment for a month of residence until December 15, 2016. According to the terms of clause 1.4 of the said agreement, Pavlov M.V. had to give me the keys to the said living quarters and provide unhindered access to the apartment from December 16, 2016. Pavlov did not fulfill these terms of the contract.
In response to a question about the reasons for such actions, Pavlov M.V. explained that he had no desire to rent the indicated apartment, and cash refused to return. On December 20, 2016, I drew up and sent a letter to M.V. Pavlov, in which I asked to return the amount of money unjustifiably paid to him, but I never received an answer.
On January 13, 2017, I applied to the Central District Court of the Khabarovsk Territory with statement of claim, in which I asked to recover the money paid by me, as well as to recover from the defendant a fine in the amount of 10,000 rubles (ten thousand rubles. 00 kopecks), provided for in clause 3.5 of the lease agreement concluded between me and Pavlov MV.
The court, having considered the case in open court, satisfied my claims in part. He recognized my right to receive the funds paid, but he refused to pay me a fine in the specified amount, having satisfied the defendant's petition to calculate a penalty at the refinancing rate of the Central Bank of the Russian Federation. Thus, the total amount, which the court ordered to pay Pavlova M.V., amounted to 20,412.50 rubles. (twenty thousand four hundred and twelve rubles 50 kopecks).
I consider this court decision a violation of Art. 330 of the Civil Code of the Russian Federation.
In accordance with Art. 228 and 330 of the Civil Procedure Code Russian Federation I ask the court to change the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 of March 11, 2015 in terms of determining the amount of the fine to be paid by M.V. Pavlov, and to establish the amount of the fine in accordance with clause 3.5 of the concluded lease agreement - in the amount of 10,000 rub. (ten thousand rubles).
Applications:
- copy of the document confirming the payment of the state fee - 1 copy. for 1 liter;
- copies appeal- 2 copies. for 2 liters;
- copy of the lease agreement for residential premises - 2 copies. 4 liters.;
- copy of the letter addressed to M. V. Pavlov - 2 copies. 2 liters.
(personal signature) Komarova Maria Vladimirovna
An appeal against the decision of the Arbitration Court. By the decision of the Arbitration Court from the defendant in favor of the plaintiff on account of the debt, funds and reimbursement of court costs for the payment of the state fee were collected. The respondent considers the above decision of the court illegal, unreasonable and subject to change. The defendant asks the court to change the decision of the Arbitration Court on the claim of the plaintiff against the defendant. Adopt a new judicial act in the case, by which the claims of the plaintiff against the defendant to recover the debt are partially satisfied.
In the __________ Arbitration Court of Appeal
_____________________________________________
claimant: LLC "_____________________________"
Mailing address:________________________________
defendant: LLC "_______________________________"
Legal address:____________________________
National tax: ______________________
Case: No. _________________
APPEAL COMPLAINT
against the decision of the Arbitration Court of _______ dated __________ in case No. _____________ (at the claim of LLC ____________________ against LLC ____________ on debt collection)
By the decision of the Arbitration Court of _______ dated __________ from the Limited Liability Company ______________ in favor of the Limited Liability Company ____________ ___________ ruble __ cop. and reimbursement of legal costs for payment of the state fee - ______ rubles.
I consider this court decision illegal, unfounded and subject to change on the following grounds:
1. Incomplete clarification by the court of first instance of the circumstances relevant to the case.
In its decision, the court of first instance refers to the fact that the parties entered into a framework supply agreement No. ____ dated ____________ year (with attachments), under which the defendant delivered the goods to the plaintiff.
According to the terms of the supply agreement for the supplier, in addition to the obligations to supply the goods, special obligations of the supplier are established, including the obligations of the supplier (LLC _____________) to pay premiums to the plaintiff.
In accordance with the terms of the supply agreement, the supplier is subject to payment to the buyer for the amount of discounts and premiums agreed by the parties, set in the appropriate Appendix No. __ to the supply agreement in relation to the respective periods of the parties' relationship.
The sizes and types of discounts and bonuses are determined and established by Appendix No. __ to the framework agreement.
The volume of commodity purchases under the framework contract is determined in the annual certificates of volumes, the fact of delivery for ___________. also confirmed by the invoices presented in the case.
In addition, the plaintiff, within the framework of the obligations under the framework agreement, issued invoices for the payment of premiums, of which there is documentary evidence.
And, since, as the court indicated in its decision, the plaintiff provided evidence of debt under the contract for the delivery of premium payments, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unreasonably reached this premature conclusion without fully examining the factual circumstances of the case.
In this case, the contract for the supply of goods was concluded in full compliance with the requirements of civil legislation, in particular, Chapter 30 of the Civil Code of the Russian Federation.
According to Art. 507 of the Civil Code of the Russian Federation, in the event that, when concluding a supply agreement between the parties, disagreements arose on certain terms of the agreement, the party that proposed to conclude the agreement and received from the other party a proposal to agree on these terms must within thirty days from the date of receipt of this offer, unless otherwise the term is not established by law or is not agreed by the parties, to take measures to agree on the relevant terms of the contract or to notify the other party in writing about the refusal to conclude it.
In accordance with clause 3.5 of the Agreement - general terms of delivery - the amounts to be withheld after the completion of the transaction are paid to the buyer once a year for a period of time up to ___________ of the previous year, while the calculation is based on the total turnover achieved by the buyer and the supplier during the reporting period.
Satisfying the claims, the court of first instance referred to the reconciliation act between the parties, which, allegedly, as the plaintiff's representative argued, reflected the amount owed for the goods actually delivered and sold.
However, these statements are not true.
The court of first instance collected _______ rubles __ cop in favor of the plaintiff.
At the same time, according to the act of reconciliation of mutual settlements carried out between the parties, the debt of LLC ________________ to LLC _____________________ amounted to ______ rubles __ kopecks.
All our objections to the claims made by LLC "__________________" by the court of first instance were not taken into account, which was the reason for the unjust decision, due to incomplete clarification of the circumstances relevant to the case.
All of the above circumstances led to the issuance of an unjust decision that violates the rights and legitimate interests of ________________________ LLC.
Based on the foregoing and guided by Art. 4, 257, 259, 260, 270, APC RF, -
P R O SH U S U D:
1. The decision of the Arbitration Court of _______ dated __________ in case No. __________________ on the claim of LLC _____________ to LLC _______________ on debt collection - to change.
2. Adopt a new judicial act on the case, by which the claims of LLC "__________________" to LLC "______________" to recover the debt - to partially satisfy, collecting from LLC "____________________" in favor of LLC "__________________" to reimburse the debt ______ rubles __ cop.
3. To collect from LLC "_____________________" in favor of LLC "_____________________" the costs of paying the state fee in the amount of __________ rubles.
Application:
1. receipt of payment of the state duty;
2. copies of the appeal;
3. receipts for sending a copy of the appeal to the plaintiff;
4. a copy of the decision of the Arbitration Court of ________ dated ___________;
General director
OOO "____________________" _____________
" " ________________ of the year
