The Settlement Council of FINA accepted Ina’s appeal in the pre-bankruptcy settlement procedure over Dioki and determined that a set-off of registered claims with the debtor’s counterclaims was executed in the total amount of 6.33 million kuna.
The remaining amount of creditors’ claims after the set-off amounts to 905,432,758.12 kuna.
As explained, the creditor Ina-Industrija nafte d.d., Zagreb submitted an Appeal regarding point IV of the Resolution of the Settlement Council HR01 Class:UP-I/110/07/12-01/679, Ur. No:04-06-13-679-287 dated May 11, 2013. The creditor emphasizes the statute of limitations objection in the amount of 591,520.23 kuna based on invoices that matured between May 2001 and June 2002, and requests a correction of the counterclaim amount, and consequently the remaining amount of the claim after the set-off.
In the proceedings regarding the Appeal, the Settlement Council determined that it was admissible and submitted in a timely manner by an authorized person, and ordered the debtor to establish the factual situation regarding the allegations. The debtor re-examined the registered claim and business records, providing a statement in which it states that it reported the matured counterclaim against the creditor which was recorded in its records. The debtor acknowledged the creditor’s right to raise the statute of limitations objection in accordance with Article 198 of the Obligations Act.
Based on the above, the Settlement Council determined that the Appeal is fully justified and decided as stated in the Resolution.
