Tallinna mnt 42: case terminated after confirmation of full payment

After clarifying the extent of withdrawal, the association confirmed payment of the entire debt and requested an end to the case.

The court terminated the apartment association Tallinna mnt 42’s case after confirmation of full payment and left costs to the association. Narva linn, Tallinna mnt 42 korteriühistu sought debt and late-payment interest from XX. The case began in expedited payment order proceedings, but the payment proposal could not be served within a reasonable time and the claim was transferred to Viru Maakohus. The association clarified the amount and charging period there. The association later withdrew the application, citing payment. The court noted that the first withdrawal concerned an earlier, smaller amount and did not explain the increased part. After a court query, on 28 February 2020 the association confirmed full payment and withdrawal of the entire application. The other participant made no objections. The court accepted the withdrawal and terminated proceedings without an award of the original debt. The ruling does not award debt again: termination was based on performance confirmed by the applicant. The association did not seek its costs from XX. The court left them to the applicant and found no costs reimbursable to the other participant. It decided to address the association’s request for refund of part of the fee in a separate ruling after entry into force. Neither the refund itself nor its amount is yet ordered in this ruling.

Terminate proceedings. Leave costs to the association; there are no costs reimbursable to the other participant. Decide the fee refund in a separate act.