Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Kalda 6: payment of 2 265,06 euros and conditional transfer of funds received from bankruptcy proceedings approved

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Kalda 6: payment of 2 265,06 euros and conditional transfer of funds received from bankruptcy proceedings approved

Ruling · Viru Maakohus · First instance

TSL Kinnisvara OÜ · Narva linn, Kalda tn 6 korteriühistu · 12652725 · 80338842

Entry into force has not been reverified

Participants and roles: Claimant and counterclaim defendant – TSL Kinnisvara OÜ; Defendant and counterclaimant – Narva linn, Kalda tn 6 korteriühistu; Mentioned bankruptcy trustee – XX

Editorial summary

The company and association determined the debt by agreement and separately provided for passing on money if it arrives from bankruptcy proceedings.

The dispute and the court’s decision

The court approved a settlement between TSL Kinnisvara OÜ and Narva linn, Kalda tn 6 korteriühistu and ended their mutual dispute over the amount of debt. The company had brought a declaratory claim and the association a counterclaim for payment. The parties agreed that the company’s debt as at 1 May 2017 was 2 265,06 euros. It is payable within three banking days after the agreement enters into force. The ruling does not disclose detailed initial calculations or objections. If the trustee in related bankruptcy proceedings transfers 618,35 euros to the association under the obligation specified in the agreement, the association must pass the received sum to the company within one calendar month of receipt. This condition depends on receiving payment; it does not confirm that the money arrived. The court considered the agreement permissible and enforceable and terminated the case. Each party bears its own costs, with no amounts reimbursable between them. Refund of half the court fee is to be addressed by separate rulings after finality; payment and refund are not established.

Outcome of this decision

Approve the agreement: TSL Kinnisvara OÜ pays the association 2 265,06 euros within three banking days after the agreement enters into force. If the association receives 618,35 euros from the trustee under the stated obligation, it passes that sum to the company within a calendar month of receipt. Terminate proceedings; each bears its own costs and court fee refunds are decided separately.