OREANDA-NEWS. On 23 May 2008 was announced, that JSC " TGC-9 " considers, that decision of FASC contradicts the enured decision of the Perm territory Arbitration court, a subject to compulsory implementation by government bodies, local government institutions, other bodies, comanies, officials and citizens.

In September, 2007 JSC " Managing company " Nash Dom " (Gubakha) asked JSC " TGC-9 " to conclude the heat supply contract. It was supposed, that under this contract the apartment houses which were under control of MC " Nash Dom " will be supplied with thermal energy.

JSC " TGC-9 " after carrying out of inquiry standard procedure and documents checking refused in the contract conclusion, as MC " Nash Dom " did not presented the documents confirming, that the apartment houses listed in document about the contract conclusion really were under control of this company. Moreover, actually, these houses are under controlled of the other legal person - one of Gubansk municipal business.

Having received the proved refusal from JSC " TGC-9 ", the managing company addressed in FASC on the Perm territory and in the Perm territory Arbitration court simultaneously with requirements to oblige JSC " TGC-9 " to conclude the contract.

The arbitration court examined the case more quickly, than the antimonopoly body, understood it and refused MC " Nash Dom " in the claim for compulsion to the contract conclusion. The decision was appealed against in the appellate order, on March 13, 2008 it enured and became mandatory for all authorities according to the Russian Federation Arbitration Procedure Code.

JSC " TGC-9 " presented this Arbitration court decision to FASC on the Perm territory within the limits of reviewed case on the managing company complaint of business about of the antimonopoly law violation.

Despite the rightness of JSC " TGC-9 " confirmed by a judgment, and an invariability of the managing company requirements (to conclude the heat supply contract ), the antimonopoly body made a decision in favour of MC " Nash Dom " and obliged JSC " TGC-9" to conclude the heat supply contract. Moreover, in the middle of May FASC on the Perm territory made a decision about JSC " TGC-9 " holding liable under the article "Abusing a leading position in the commodity market " of the Administrative Law Code and appointed the penalty in the amount of 1,7 million roubles.

JSC " TGC-9 " considers the decision of FASC on the Perm territory unreasonable, contradicting the Arbitration court decision and in the nearest future it will appeal against the FASC decision, the instruction on the contract conclusion with MC " nash Dom " and the administrative fine imposing.