Ухвала суду № 82936882, 02.07.2019, Господарський суд м. Києва

Economic Court of the City of Kyiv 01030, city of Kyiv, 44-B, B. Khmelnytskyy Street, phone /044/ 284-18-98, email: inbox@ki.arbitr.gov.ua

DECISION

July 02, 2019 City of Kyiv

02.07.2019 Case No. 910/15008/18

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.

Judge Balats S.V.

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.

The claim requirements are substantiated with that a plot of land (cadastral number 8000000000:82:026:0040, area - 0,6085 ha, designation purpose: for the construction and maintenance of a multifunctional shopping, entertainment and office center at the address: city of Kyiv, 41/1,Shovkovychna Street (hereinafter referred to as the plot of land) has dropped out of the plaintiff's possession in consequence of inappropriate actions of third parties performed on the ground of documents forged in the plaintiff's name, therefore the plaintiff has appealed to the Economic Court with the following claim requirements:

- 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.

According to the decision of the Economic Court of the city of Kyiv of November 21, 2018 the statement of claim was admitted for consideration, the proceedings in the case No.910/15008/18 were opened, and it was decided to consider the case in accordance with the procedure /according to the rules/ of general litigation.

According to the decision of the Economic Court of the city of Kyiv of December 17, 2018 the proceedings in the case Nr.910/15008/18 were suspended till July 10, 2019, and a /notarized/ translation into the English language of the decision of the Economic Court of the city of Kyiv of December 17, 2018 and the statement of claim was sent to be served upon the defendant-2 - company BIVOLTONIA VENTURES LIMITED (Belize, city of Belize, Map Street No.1) and the defendant-3 -BALTON INCORPORATED (Belize, city of Belize, Corner Eyre and Hutson Streets, Suite 102) in a manner stipulated by the Convention Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965 - directly to the address of location of the defendant-2 and the defendant-3.

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.

Considering that the notices about sеrving the decision of December 17, 2018 Nr.910/15008/18 upon the defendants 2 and 3 have been received by the Economic Court, and taking into account the fact that the time of consideration of the case No.910/15008/18 was not specified by the court in the decision of December 17, 2018 through error, the court has come to conclusion to resume the proceedings in the case No.910/15008/18.

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

has decided:

1. To resume the proceedings in the case 910/15008/18.

2. To set up a preliminary sitting in the case for August 12, 2019 at 14:00 pm. The preliminary sitting will be held in a courtroom of the Economic Court of the city of Kyiv at the address: 01030, city of Kyiv, 44-B, B. Khmelnytskyy Street, courtroom No.10 /corps B/.

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.