Courts: the customer has run out of money — there are no grounds not to pay for services under the state contract
The parties signed a contract for services for the preparation and supply of hot food to a special reception at a price based on its average daily occupancy. Obligations were fulfilled according to requests.
The contractor appealed to the court because the customer did not pay for part of the services.
The courts of three instances supported him:
the occupancy of the receiver turned out to be more than defined in the contract, so the money was spent on payment before the expiration of its validity. Despite this, the customer continued to send requests for services, and the contractor continued to provide them;
the fact of the provision of services proved. The customer has not stated any claims in terms of volume and quality;
socially significant services are provided uninterrupted. Lack of funding should not affect this. Such a reason is not a reason not to pay for the services actually rendered.
The principal debt and a penalty for late payment were collected from the customer.
A similar position was recently expressed, in particular, by the Armed Forces of the Russian Federation.
Document: Resolution of the AC of the East Siberian District of 04.02.2022 in case N A78-5418/2021