Problem number 15
Arbitration Court heard the case on the suit of JSC "hard alloys" to JSC "Stalkonstrukcziya" for the recovery of 192 million. Rubles - the cost of the metal to sell the plant and 8 million. Rubles of penalty for late payment on the basis of the stipulated in the contract sanctions: 0.5% of the underlying payment amount for each day of delay.
In support of the claim representative of the plaintiff relied on the contract of sale from 18.03.2001 was concluded between the parties, which have been identified form of payment and the consequences of violating the terms of payment.
The representative of the defendant did not recognize the claim, stating orally that the money was transferred on time, but not credited to the account of the seller's fault Settlement Centre of the State Bank. Copies of payment documents he undertook to submit to the court two days later.
Arbitration Court judge adjourned the meeting for 30 minutes, during a break called the chief accountant of "Stalkonstrukcziya" and found out that the money was transferred to the plaintiff payment order on 19.03.2004 After the break, the judge informed the participants of the information received and considered the merits of the case by denying the claim of JSC "hard alloys".
Analyze the legal situation in terms of the implementation of the principles of the court of arbitration process.