The Thirteenth Arbitration Court of Appeal;

191015, St. Petersburg, Suvorovsky pr., 65.

ANSWER: Limited Liability Company "X"

199106, St. Petersburg,

SOURCE: Limited liability company « Y»;

196655, St. Petersburg,

APPEAL COMPLAINT

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated October 19, 2011 in the case No. A56- (judge) satisfied the claim of LLC Y "to LLC" X »On the collection of debt under a work contract in the amount of 4,583,917.74 rubles. and the cost of state duty in the amount of 45 919 rubles. Satisfying the counterclaim of LLC X "On the collection from LLC" Y »RUB 1,510,831.46 penalties for violation of the terms of fulfillment of obligations, 20,022.43 rubles. reimbursement of expenses for payment of electricity, reimbursement of 38,308.53 rubles. state fees and 69,000 rubles. costs of payment for the services of a representative, denied.

The defendant does not agree with the said decision of the first instance court and considers it illegal on the following grounds.

As follows from the court decision “According to clause 3.1.2. of the contract, the customer is obliged to ensure at the facility the readiness of the construction site for work and, before the start of work, transfer it according to an act signed by both parties. Until now, the act on the transfer of the site has not been signed. "

However, it is not clear from the court's decision on the basis of what circumstances the court concluded that the said act was not signed. Also, the said decision does not indicate how the failure to sign this act, if such a circumstance took place in reality, influenced the contractor's compliance with his obligations.

The court's conclusion that "After the conclusion of the contract LLC" X "Made changes to the project, in connection with which it was necessary to make changes to the estimate of work and materials" is not substantiated by the materials of the case. Statement about that. that "the answer to the letter of LLC" Y "Dated 21.12.2009, outgoing No. 21-1 / 12 did not follow" also not well-off, tk. the grounds for such a claim are not specified.

An indication in the court decision that "04/15/2010 (outgoing No. 15-1 / 10) LLC" Y "Notified that the work was carried out in places where it was possible to approach the building, due to the impossibility of performing further work, the work is suspended" in itself does not relieve the contractor from the obligation to comply with the deadlines for the performance of work, since and after 15.04.2010, the work under the contract continued to be performed by him.

Thus, the court's conclusions about the absence of grounds for the application of LLC “ X "Penalties for violation of the terms of work of LLC" Y »Are untenable and not based on the case file.

The court's conclusions that "The demand for payment for electricity was presented under the acts of February-March 2011, while all the acts of the KS-2 form were signed in 2010, therefore, work has not been carried out at the facility since January 2011."

Firstly, the contractor's payment for the electricity used is provided for by the terms of the work contract.

Secondly, there is no evidence in the case file that LLC “ Y »Made such payment.

And thirdly, the date of drawing up acts on the use of electricity does not in any way affect the fact of its use by the contractor during the period of work.

In addition, LLC " Y "Does not deny the very fact of electricity consumption for the performance of work under the work contract and at the expense of LLC" X ".

Thus, the court of first instanceincompletely clarified the circumstances relevant to the case, not proven relevant to the case circumstances, which the court considered established, the conclusions set out in the court decision do not correspond to the circumstances of the case. These circumstances are unconditional grounds for canceling this court decision.

Based on Art. 257-260 APC RF,

I BEG:

the decision of the Arbitration Court of St. Petersburg and the Leningrad Region of October 19, 2011 in case No. A56- to cancel and adopt a new judicial act on the case.

APPLICATION:

1. A copy of the court decision,

2. Payment order for payment of state duty 22,959.50 rubles.

3. A postal receipt for sending a copy of the complaint to LLC " Y ".

4. A copy of the power of attorney for the representative.

An appeal to an arbitration court is a procedural document in which the applicant asks to cancel or amend a decision of the first instance that has not entered into legal force.

Basic Rules for Appealing to Arbitration

The appeal, drawn up in accordance with the rules established by Chapter 34 of the Arbitration Procedure Code of the Russian Federation, has the following features:

• the appeal is filed by persons who participated in the case (plaintiff, defendant, third party) or who did not participate (if a judicial act was issued in relation to their rights and obligations);
• its filing is possible only in relation to a decision that has not entered into force;
• served through the first instance;
• the applicant cannot include in it new claims that were not the subject of consideration in the court of first instance.

In order for your appeal against the decision of the arbitral tribunal to be satisfied, make sure that there is at least one of the grounds for this. article 270 of the APC RF:

• incomplete definition of the circumstances relevant to the case;
• failure to prove the circumstances established by the judge that influenced the outcome of the case;
• inconsistency of the judge's conclusions with the available evidence;
• violation or misinterpretation by the judge of the norms of substantive or procedural law.

According to article 262 of the APC RF, the person participating in the case has the right to send his response to the appeal to the arbitration court, giving his arguments and objections. The review is made according to the same rules and form as the appeal.

Compilation procedure

Step 1. Hat, which includes:

• full name of the court;
• details of the persons who participated in the proceedings (for organizations this is the name, TIN, PSRN, address, for individuals - full name, passport details and contact information);
• the name of the arbitration court that made the contested decision, the number of the case, the date of the decision, the subject of the dispute.

Example:

To the fifth arbitration court of appeal

191000, St. Petersburg, st. Petrovskaya, 55

through the Arbitration Court of St. Petersburg and

Leningrad region

191000, St. Petersburg, Ivanovskaya st., 1

Plaintiff: LLC "One"

Address: 191000, St. Petersburg,

st. Sidorovskaya, 53.

Defendant: LLC "Dva"

191000, St. Petersburg,

st. Kuznetsovskaya, 33.

Price (value) of the claim: 11,111 rubles. 11 kopecks.

State duty amount: 3000 rubles. 00 kopecks

Appeal

Against the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated 11.11.2017 in case No. A11-22222 / 2020

Step 2. The main part of the appeal. Here you need to describe the essence of your requirements and the grounds on which the decision is appealed. To increase your chances, you should provide references to laws and other material circumstances that are relevant to the case.

Example:

LLC "One" filed a lawsuit against LLC "Dva" to recover the debt for the delivered goods in the amount of 22,222 rubles. 22 kopecks.

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated 11.11.2017 in case No. А11-22222 / 2017, 333,333 rubles were collected from OOO Dva in favor of OOO Odin. 36 kopecks of debt and 3333 rubles. 26 kopecks forfeit, only 336 666 rubles. 62 kopecks, as well as 2632 rubles. 83 kopecks to reimburse the cost of paying the state duty.

LLC "Odin" does not agree with the decision, considers it illegal, since the court of first instance did not fully examine the evidence in the case, the conclusions of the court do not correspond to the circumstances of the case and the norms of substantive (and procedural) law were incorrectly applied.

When concluding the specified supply agreement in clause 6, the parties provided for a letter of credit calculation. This assumes that the supplier fulfills its obligations under the supply contract after the buyer opens the letter of credit. But the supplier LLC "One", without waiting for the opening of the letter of credit, delivered the goods to LLC "Dva" Art. 509 and 516 of the Civil Code of the Russian Federation... But the court did not take this circumstance into account when making a decision on the case under consideration. And ruled in favor of the plaintiff, referring to Art. ,, 516 Civil Code of the Russian Federation, recovered from OOO "Dva" 44 444 RUB. 36 kopecks of debt and 5555 rubles. 26 kopecks forfeit.

LLC "Dva" does not agree with this decision, as it believes that it is based on the incorrect application of civil legislation. Thus, the court's decision on the collection of debt, penalties, as well as the amount to reimburse the costs of paying the state duty, for a total of 666 666 rubles. 46 kopecks is erroneous.

Step 3. Making a request. The sample of the appeal to arbitration shows that it usually contains references to the articles of the APC and the word "I ask". You can ask to cancel the decision in whole or in part.

Example:

Considering the above and guided by Art. 257, 260, - 270 APC RF,

I BEG

Cancel the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated 11.11.2017 in case No. A11-22222 / 2020 and refuse LLC “One” to satisfy the claim in full.

Step 4. The final part. It contains a list of the attached documents, the signature of the applicant (or the person who, by power of attorney, represents his interests) and the date of the document.

Example:

Application

The list of attached documents in accordance with Part 4 of Art. 260 agro-industrial complex. The documents are attached in the following order:

1. A copy of the contested decision.
2. A document confirming the payment of the state duty.
3. A document confirming the sending of a copy of the appeal to other persons.
4. A copy of the power of attorney for the right to sign the appeal, if the appeal is signed by the applicant's representative.
5. Motions, if any.
6. Other documents related to the case.

If you do not want your appeal left without progress, you must attach the following documents to it:

• a copy of the contested decision;
• receipt of payment of state duty;
• confirmation of the dispatch of the complaint to all persons involved in the case (postal checks);
• power of attorney or other official paper confirming the authority to sign the appeal.

We draw your attention to the fact that the complainant is obliged to send to all participants in the case not only the text itself, but also all the attached documents. This can be done either by registered mail with notification, or in person against receipt.

Terms of submission and consideration

In accordance with Article 259 APC RF, the parties have a month to appeal after the verdict. The current legislation provides for the possibility of extending the deadline for filing an appeal in the arbitration process if the applicant had good reason for missing it. To do this, you must submit an appropriate application, indicating in it the reasons for the delay in filing an appeal (illness, long-term departure, etc.). Also, the term will be restored if the applicant proves that he did not know about the court decision, the content of which affects his rights and obligations.

Also, the Arbitration Procedure Code of the Russian Federation establishes a reduction in the time for appeal (10 days) for certain categories of cases, for example:

• in cases of bringing to administrative responsibility;
• in cases considered by way of summary procedure;
• on bankruptcy proceedings.

It is also necessary to remember that the appeal is filed through the first instance, which, in turn, within three days transfers it to the court of appeal along with all the materials of the case.

The form of the document "Appeal against the decision of the Arbitration Court" refers to the heading "Appeal". Save the link to the document on social networks or download it to your computer.

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 paying 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, there are special obligations of the supplier, 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, established in the corresponding Appendix No. __ to the supply agreement in relation to the respective periods of the relationship between the parties.
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 the debt under the contract for the delivery of the premium, 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, take measures to agree on the relevant terms of the contract or 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 manager
OOO "____________________" _____________

" " ________________ of the year

• 
  It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a few facts confirming both this and that.
• 
  At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.

An appeal against the decision of the Arbitration Court. By the decision of the Arbitration Court from the defendant in favor of the plaintiff, money and reimbursement of court costs for the payment of the state fee were collected on account of the debt. 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 paying 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, there are special obligations of the supplier, 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, established in the corresponding Appendix No. __ to the supply agreement in relation to the respective periods of the relationship between the parties.
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 the debt under the contract for the delivery of the premium, 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, take measures to agree on the relevant terms of the contract or 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 manager
OOO "____________________" _____________

" " ________________ of the year