The Arbitration Court of the Volga District satisfied the Principal’s complaint, canceled the earlier decision to refuse to recover damages from the Defendant under the gas supply agreement for the production complex and sent the case for a new trial. The essence of the dispute was that the gas supplier obliged the Principal, under threat of disconnection and shutdown of the production complex, to pay for the supply of gas based on the calculated method of determining the volume of gas consumed (excluding meter readings). At the same time, the lower courts, refusing to satisfy the requirements, did not take into account that the Principal could not physically receive the volume of gas calculated by the supplier, since this volume exceeded the volume of consumption of all subscribers connected to the gas distribution station, including 28 apartment buildings, 358 private houses, an outpatient clinic, a school, a kindergarten and the administration of the settlement. The cassation instance drew attention to this fact and pointed to the incomplete clarification by the courts of the indicated circumstances that are important for the correct consideration of the dispute. The interests of the Principal were represented by Alexander Chernyshev, lawyer of the Bureau of Lawyers “De jure”.
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