| Proclamation date of litigation and arbitration: December 20, 2005 |
|---|
| Date of announcement | 2005-12-20 |
| Name of case | Arrears dispute |
| Date of prosecution | 1996-02-06 |
| the prosecution | Leshan Electric Power Bureau |
| Defendant | Sichuan Chuantou Holding Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 158519787 yuan |
| Case description | Leshan Electric Power Bureau filed a lawsuit with Sichuan Provincial Higher People's Court on February 6, 1996. Leshan Electric Power Bureau claimed that the company had accumulated 158519786.95 yuan in arrears to the appellant, Leshan Electric Power Bureau, for the period from May 6, 1989 to December 6, 1995. Among them, the electric charge is 105568634.24 yuan, and the overdue fine is 53471393.93 yuan. |
| Judgment content | The judgment is as follows: 1. The company shall pay the electricity fee of 61838519.23 yuan and the case acceptance fee of 319202.60 yuan to Leshan Electric Power Bureau, totaling 62157721.83 yuan. 2. The Company shall fulfill the repayment obligation within 10 days from May 6, 2000. 3. Sichuan Bashu Electric Power Development Company, with its creditor's right to Sichuan Electric Power Company (Sichuan Electric Power Company owes Sichuan Bashu Electric Power Development Company electric charge), has settled the electric charge debt owed to Leshan Electric Power Bureau on behalf of the Company. On December 10, 2004, the Sichuan Higher People's Court made the second civil judgment (1996) CGFJYCZ No. 06 (hereinafter referred to as "the subsequent judgment") against the dispute over the liquidated damages of the disputed part of the arrears and all the arrears between the plaintiff and the defendant. The company was judged to pay the liquidated damages of 1.06 million yuan in arrears to Leshan Electric Power Bureau. Reject other claims of Leshan Electric Power Bureau. |
| Judgment date | |
| Whether to appeal | yes |
| Appellant of second instance | the prosecution |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | Under the coordination of Sichuan Provincial People's Government, Sichuan Electric Power Company, Sichuan Bashu Electric Power Development Company, the Company and Leshan Electric Power Bureau signed an agreement on mutual write off on September 25, 2000. The original debt of the Company to Leshan Electric Power Bureau was transferred to the debt of Sichuan Bashu Electric Power Development Company, and their respective financial treatment was completed. The Sichuan Higher People's Court ended the enforcement procedure for the first judgment. So far, the Company has no obligation to pay 61838519.23 yuan to Leshan Electric Power Bureau. Leshan Electric Power Bureau refused and appealed to the Supreme People's Court of the People's Republic of China. The appeal request, once again changed and determined, is: 1. Request the judgment to revoke the civil judgment (1996) CGFJYCZ No. 06 of Sichuan Higher People's Court; 2. It is required to judge that the Company shall pay to it the liquidated damages arising from the first instance judgment of electricity charges and the non policy dispute electricity surcharge principal of 61838519.23 yuan according to law; 3. The Company is required to bear all litigation costs of the first and second instance of the case. After mediation presided over by the Supreme People's Court, through friendly negotiation between the Company and Leshan Electric Power Bureau, the following mediation agreement was reached: 1、 The Company agrees to pay 9.2 million yuan as liquidated damages to Leshan Electric Power Bureau. The payment period and method are as follows: 1. Within 30 days from the effective date of this mediation agreement, the Company will pay 2 million yuan to Leshan Electric Power Bureau. After deducting 800000 yuan already paid by the Company, 1.2 million yuan is still required to be paid; 2. The remaining 7.2 million yuan shall be paid 1 million yuan before February 5, 2006, and then 1 million yuan shall be paid each time before March 5, April 5, May 5, June 5, and July 5, 2006. The remaining 1.2 million yuan shall be paid off before August 5, 2006. 2、 The acceptance fee of both the first and second instance cases of this case is 335725.12 yuan. The company and Leshan Electric Power Bureau each bear 335725.12 yuan. The amount that the company should bear should be paid to the Supreme People's Court within 30 days from the effective date of the mediation statement. The total amount of 8735725.12 yuan incurred in this lawsuit is agreed to be paid by Sichuan Chuantou Emei Ferroalloy (Group) Co., Ltd., a subsidiary of Sichuan Chuantou Group, through consultation with relevant units. |
| Court of Acceptance | Sichuan Higher People's Court |
| Court of second instance | supreme people 's court |
|
| Proclamation date of litigation and arbitration: December 14, 2005 |
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| Date of announcement | 2005-12-14 |
| Name of case | Arrearage dispute |
| Date of prosecution | |
| the prosecution | Leshan Electric Power Bureau |
| Defendant | Sichuan Chuantou Energy Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 17109968 yuan |
| Case description | Leshan Electric Power Bureau filed a lawsuit with Sichuan Provincial High People's Court, requesting the following: 1. We are required to pay 17109968.27 yuan (the sum of 9 fees of Three Gorges Fund, small hydropower sharing, urban surcharges, purchasing and selling on a commission basis, power construction fund, equal sharing price increase, support fund, equal sharing loan repayment, and Ertan Fund) of electricity charges owed during the period from June 8, 1996 to September 7, 1998 2. We are required to pay 53083676.56 yuan as penalty. 3. The litigation costs of this case shall be borne by the Company. The nine fees requested by Leshan Electric Power Bureau are the disputed electric surcharges incurred during 1996-1998 by our predecessor, Emei Ferroalloy (Group) Co., Ltd. |
| Judgment content | The plaintiff, Leshan Electric Power Bureau, filed an application with the Court on February 20, 2005, requesting to withdraw the claim for equal price increase and corresponding liquidated damages owed by the respondent. The plaintiff Leshan Electric Power Bureau is allowed to withdraw its claim involving equal price increase and corresponding liquidated damages. |
| Judgment date | |
| Whether to appeal | no |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | On June 8, 2005, the Sichuan Higher People's Court issued the (2005) CMCZ No. 3 Civil Ruling, which mainly allowed the plaintiff Leshan Electric Power Bureau to withdraw its claim for equal share price increase and corresponding liquidated damages. After the Company and Leshan Electric Power Bureau applied for out of court settlement within the trial limit, and then the Sichuan Provincial High Court presided over the mediation, the two parties voluntarily reached the following agreement: 1、 Sichuan Chuantou Energy Co., Ltd. paid the arrears principal of 3.81 million yuan and overdue interest of 400000 yuan to Leshan Electric Power Bureau before March 1, 2006; 2、 The case acceptance fee of this case is 433730 yuan, including 411514.35 yuan for the case involving the withdrawal part and 21658.65 yuan for the case not involving the withdrawal part. The case acceptance fee involving the withdrawal of the lawsuit should be charged by half according to law, so Leshan Electric Power Bureau should bear 205707.17 yuan. The case acceptance fee of 21658.65 yuan, which does not involve the withdrawal of the lawsuit, shall be borne by Sichuan Chuantou Energy Co., Ltd. On December 8, 2005, the Sichuan Provincial High Court issued the (2005) CMCZ No. 3 civil mediation statement, and confirmed that the above agreement was in line with the law. |
| Court of Acceptance | Sichuan Higher People's Court |
| Court of second instance | |
|
| Proclamation date of litigation and arbitration: February 27, 2002 |
|---|
| Date of announcement | 2002-02-27 |
| Name of case | Arrears dispute |
| Date of prosecution | |
| the prosecution | LESHAN ELECTRIC POWER co., ltd |
| Defendant | Sichuan Chuantou Holding Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 59136325 yuan |
| Case description | Leshan Power Co., Ltd. filed a lawsuit with Leshan Intermediate People's Court, Sichuan Province, on the ground that Sichuan Chuantou Holding Co., Ltd. owed historical electricity charges (the amount of litigation object was 59136325.45 yuan). Since the litigation matter still has a lot of quality problems in terms of litigation subject, electricity price and total electricity charge, etc., through the coordination of Leshan Intermediate People's Court on January 14, both parties reached a settlement agreement, and Leshan Intermediate People's Court issued a civil ruling of the case, which has ended. According to the plaintiff Leshan Electric Power filed an application to the Leshan Intermediate People's Court to withdraw the lawsuit of this case on January 15, and the court ruled that it was allowed to withdraw the lawsuit against the company. |
| Judgment content | |
| Judgment date | |
| Whether to appeal | no |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | |
| Court of Acceptance | Leshan Intermediate People's Court |
| Court of second instance | |
|
| Proclamation date of litigation and arbitration: January 12, 2001 |
|---|
| Date of announcement | 2001-01-12 |
| Name of case | Arrears dispute |
| Date of prosecution | |
| the prosecution | Sichuan Chuantou Holding Co., Ltd |
| Defendant | Dalian Iron and Steel Group Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 15.907 million yuan |
| Case description | The Company filed a lawsuit because Dalian Iron and Steel Group Co., Ltd. owed the Company 15.907 million yuan in total for ferroalloy goods |
| Judgment content | |
| Judgment date | |
| Whether to appeal | yes |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | After the first instance and the second instance, the Sichuan Higher People's Court made a judgment on November 7, 2000, ordering Dagang to pay the principal of 15.907 million yuan, The penalty for late payment was 25.963 million yuan and related litigation costs were borne. |
| Date of judgment of second instance | 2000-11-07 |
| Implementation | On December 28, the two parties reached an implementation settlement agreement. After Dasteel paid the company 42 million yuan (including legal fees and enforcement fees), The case was concluded by the court. The amount involved in this lawsuit does not reach 10% of the company's net assets, so it is not announced temporarily. |
| Court of Acceptance | |
| Court of second instance | Sichuan Higher People's Court |
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