Tytuł
Initiation before the court of proceedings the value of which constitutes at least 10% of the issuer’s equity
Report No:19/2011
Date:2011/05/19
Legal basis:Art. 56 section 1 item 2 of the Act on Public Offering – current and interim information
Signatures:Piotr Chełkowski, President of the Management Board of P.R.I. “POL-AQUA” S.A.
Marek Sobiecki, Second Vice-President of the Management Board of P.R.I. “POL-AQUA” S.A.
Content:

The Management Board of Przedsiębiorstwo Robót Inżynieryjnych “POL-AQUA” S.A. with its registered office in Piaseczno (hereinafter referred to as the “Company”) informs that on 18 May 2011 the Company received two suits for payment, the value of each separately constituting at least 10% of the issuer’s equity respectively.

The first suit for payment of PLN 78,877,197 was submitted on 14 March 2011 by KBP – 5 Sp. z o.o. with its registered office in Brzezie (hereinafter referred to as the “Petitioner") to the Regional Court in Cracow, 9th Commercial Division in Cracow against P.R.I. „POL-AQUA” S.A. (hereinafter referred to as the “Respondent”).
The object of the proceedings is awarding from the respondent, for the benefit of the petitioner the amount of PLN 78,877,197 along with statutory interest charged from 9 March 2011 until the day of payment, i.e. payment of the amounts so far paid for the respondent under the contract concluded by and between the parties, this being due to termination of the contract by the petitioner as a result of a number of defects in the building, including significant non-removable and removable defects, or – if such demand is not accepted – awarding the amount of PLN 34,224,849 along with statutory interest charged from the day of lodging the suit for payment, as reduction of the respondent’s remuneration.

The second suit for payment of PLN 77,555,120 was submitted on 14 March 2011 by KBP – 6 Sp. z o.o. with its registered office in Brzezie (hereinafter referred to as the “Petitioner") to the Regional Court in Cracow, 9th Commercial Division in Cracow against P.R.I. „POL-AQUA” S.A. (hereinafter referred to as the “Respondent”).
The object of the proceedings is awarding from the respondent, for the benefit of the petitioner, the amount of PLN 77,555,120 along with statutory interest charged from 9 March 2011 until the day of payment, i.e. in the first place – payment of the accomplished pecuniary performance in the form of remuneration so far paid for construction works, in the total amount of PLN 77,555,119, this being due to the fact that the contract was terminated since the object of the contract performed by the respondent contained significant defects, removable as well as non-removable, and the respondent until the day of submission of the suit had not remedied the said defects, despite being called on to remedy them on numerous occasions, or – if such demand is not accepted – awarding the amount of PLN 34,559,275 along with statutory interest charged from the day of lodging the suit for payment until the day the payment is effected, as respective reduction of the remuneration.

In the opinion of the Management Board of P.R.I. “POL-AQUA” S.A., both suits are groundless.

Attachments:
 
POLAQUA Mostostal Wyroby betonowe TECO