Securities code: 601101 securities abbreviation: Beijing Haohua Energy Resource Co.Ltd(601101) Announcement No.: 2022-012 Beijing Haohua Energy Resource Co.Ltd(601101)
With regard to the announcement on the progress of major litigation of the holding subsidiary, the board of directors and all directors of the company guarantee that there are no false records, misleading statements or major omissions in the contents of this announcement, and bear individual and joint liabilities for the authenticity, accuracy and completeness of its contents. Important content tips:
● litigation stage of the case: Inner Mongolia Eerduosi Resources Co.Ltd(600295) Municipal Intermediate People’s court has made a judgment of first instance.
● enterprises involved in the lawsuit: the defendant Inner Mongolia Eerduosi Resources Co.Ltd(600295) Haohua Clean Coal Co., Ltd. (hereinafter referred to as “Haohua clean coal”) and the defendant Hangjinqi Western Energy Development Co., Ltd. (hereinafter referred to as “western energy”).
● the party status of the listed company: Haohua clean coal and Western energy are the holding subsidiaries of Beijing Haohua Energy Resource Co.Ltd(601101) (hereinafter referred to as ” Beijing Haohua Energy Resource Co.Ltd(601101) ” or “the company”), of which: Beijing Haohua Energy Resource Co.Ltd(601101) and Inner Mongolia Eerduosi Resources Co.Ltd(600295) Municipal State owned Assets Investment Holding Group Co., Ltd. (hereinafter referred to as “ESIC”) hold 80% and 20% equity of Haohua clean coal respectively; Beijing Haohua Energy Resource Co.Ltd(601101) and Shanxi Zhongbo Real Estate Development Co., Ltd. (formerly Shanxi Yuci Zhongbo Real Estate Development Co., Ltd.) hold 60% and 40% equity of Western energy respectively. ● main contents of the judgment of first instance:
Case 1: judgment in the case of e Guo’s complaint against Haohua clean coal: it is confirmed that the mining right transaction between the plaintiff e Guo investment and the defendant Haohua clean coal about wells 1-7 in GaoJiaLiang minefield is invalid; Order the defendant to compensate the plaintiff for the loss of state-owned assets caused by the transfer of the mining right of well 1-7 in GaoJiaLiang minefield to the defendant at a discount of 334194300 yuan; The litigation cost of this case is 1712771.5 yuan, which shall be borne by the defendant Haohua clean coal.
Case 2 Judgment of xinheguo’s complaint against western energy: the defendant western energy paid the plaintiff Hangjinqi Xinhe state owned investment and Operation Co., Ltd. (hereinafter referred to as “Xinhe state investment”) 574218300 yuan of the difference in the transfer price of exploration right within 10 days from the effective date of this judgment; Reject other litigation claims of the plaintiff Xinhe Guotou; If the obligation to pay money is not fulfilled within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China; The case acceptance fee is 3412891.5 yuan, which is borne by the defendant western energy 2871091.5 yuan and the plaintiff Xinhe Guotou 541800 yuan.
● whether it will have a negative impact on the profits and losses of listed companies: this judgment is a judgment of first instance and has not yet taken effect. The company and relevant subsidiaries are discussing the follow-up litigation treatment plan with the attorney. At present, the final result cannot be determined, so the actual impact on the company’s profit and loss cannot be determined.
1、 Basic information of this lawsuit
On January 14, 2021, the company disclosed the announcement on major litigation involving the holding subsidiary (Announcement No.: 2021-002). Due to the mining right dispute, EGC and Xinhe Guotou sued Haohua refined coal and Western energy, the holding subsidiaries of the company, respectively, for compensation for the losses caused to the plaintiff in the process of mining right transfer.
Recently, the company has received reports from its holding subsidiaries Haohua clean coal and Western energy respectively. The two companies have received civil judgments ((2020) Nei 06 min Chu No. 320 and (2020) Nei 06 min Chu No. 316) issued by the intermediate people’s Court of Inner Mongolia Eerduosi Resources Co.Ltd(600295) City, Inner Mongolia Autonomous Region. Now the relevant information of the first instance judgment is announced as follows:
（1） Case 1: the case of Hubei complaining about Haohua clean coal
After discussion by the judicial committee of Inner Mongolia Eerduosi Resources Co.Ltd(600295) Municipal Intermediate People’s court, “according to the provisions of Article 52 (IV) and Article 58 of the contract law of the people’s Republic of China, the judgment is as follows:
1. Confirm that the mining right transaction between the plaintiff and the defendant about wells 1-7 of GaoJiaLiang minefield is invalid;
2. Order the defendant to compensate the plaintiff at a discount for the loss of state-owned assets caused by the transfer of the mining right of well 1-7 in GaoJiaLiang minefield to the defendant;
The litigation cost of this case is 1712771.5 yuan, which shall be borne by the defendant Haohua clean coal.
Within 15 days after the appeal is delivered to the people’s Court of Inner Mongolia Autonomous Region, a copy of the appeal can be filed according to the number of the other party within 15 days after the appeal is delivered to the people’s Court of Inner Mongolia Autonomous Region. “
(II) case 2: xinheguo’s complaint against western energy
Inner Mongolia Eerduosi Resources Co.Ltd(600295) the Municipal Intermediate People’s court “in accordance with paragraph 2 of Article 1 of the provisions of the Supreme People’s Court on the time effect of the application of the civil code of the people’s Republic of China, Article 3 of the measures for the administration of state owned assets appraisal, Article 9 of the measures for the administration of the transfer of exploration and mining rights, and Article 52 (IV) and Article 58 of the contract law of the people’s Republic of China, According to Article 10 of the provisions of the Supreme People’s Court on evidence in civil proceedings, the judgment is as follows:
1. Within 10 days from the effective date of this judgment, the defendant western energy paid the plaintiff Xinhe Guotou 574.2183 million yuan of the difference in the transfer price of the exploration right.
2. Reject other claims of the plaintiff Xinhe Guotou.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with Article 260 of the Civil Procedure Law of the people’s Republic of China.
The case acceptance fee is 3412891.5 yuan, which is borne by the defendant western energy 2871091.5 yuan and the plaintiff Xinhe Guotou 541800 yuan.
If you are not satisfied with this judgment, you may submit a petition of appeal to this court within 15 days from the date of service of the judgment, submit copies according to the number of the other party or representatives, and appeal to the higher people’s Court of Inner Mongolia Autonomous Region. “
2、 Impact of the lawsuit announced this time on the company’s profits and losses
This judgment is a judgment of first instance and has not yet entered into force. The company and relevant subsidiaries are discussing the follow-up litigation treatment plan with the attorney. At present, the final result cannot be determined, so the final impact on the company’s profit and loss cannot be determined.
The company will timely perform the obligation of information disclosure according to the progress or implementation of relevant litigation. Please pay attention to the investment risk.
It is hereby announced.
Beijing Haohua Energy Resource Co.Ltd(601101)
February 23, 2022
