In its Resolution of 26.10.2004, the Federal Arbitration Court of the Moscow District dismissed the cassational complaint of OJSC “RZhD”

During the period from 20.07.2002 to 31.12.2002, the Federal unitary enterprise “Yuzhno-Uralskaya Zheleznaya Doroga” [South Urals Railway] transported coal to the volume of 1 827 295 tonnes in accordance with 399 waybills from the station Ekibastuz -2 of the Akmolinsk railway line to the station Zolotaya Sopka of the South Urals Railway.

Payment for the rail deliveries of the coal was carried out by the Claimant in the form of prepayment through the Technological center for the processing of transport documentation (Tekh PD) of the South Urals Railway. In connection with the indicated deliveries, the TekhPD of the South Urals Railway illegally wrote off the sum of 162 381 243 rubles 60 kopecks from the account of the Claimant in accordance with the tariff provisions envisaged by the Tariff Policy of the Railways of member states of the CIS for transport of loads in international communications for the tariff year 2002.

Acting on behalf of OJSC “Troitskaya GRES”, the attorneys of the law firm “YUST” filed a claim for the reinstatement of the entry concerning the presence of the sum of 162 381 243 rubles 60 kopecks on the personal account of OJSC “Troitskaya GRES” in the Technological center for the processing of documentation (TekhPD).

On 24 May 2004, the Arbitration Court of the City of Moscow refused to satisfy the claim filed by OJSC “Troitskaya GRES” against OJSC “RZhD” regarding reinstatement of the entry concerning the presence of the sum of 162 381 243 rubles 60 kopecks on the personal account in the TekhPD.

In its finding of 24.05.2004, the appeals instance revoked this decision and obliged OJSC “RZhD” to reinstate the above-mentioned entry concerning the presence of the sum of 162 381 243 rubles 60 kopecks on the personal account of OJSC “Troitskaya GRES” in the Technological center for the processing of documentation (TekhPD).

OJSC “RZhD” disputed the Resolution of 24.05.2004 and filed a cassational complaint.

The Federal Arbitration Court of the Moscow District refused to satisfy the indicated cassational complaint on 26.10.2004, leaving in force the Resolution of the arbitration court of the appeals instance, obliging OJSC “RZhD” to reinstate the entry regarding the presence of the sum of 162 381 243 rubles 60 kopecks on the personal account of OJSC “Troitskaya GRES” in the Technological center for the processing of documentation (TekhPD).