of April 17, 2006 No./12532
The economic court does not approve the voluntary settlement if its conditions contradict the legislation.
D LLC appealed to economic court with the claim to the Tashkent state agricultural university for collection of 49314048 bags, including the amount of principal debt in the amount of 33564048 bags and penalty in the amount of 15750000 bags.
Claims are satisfied by the judgment of December 21, 2005 partially. The amount of principal debt in the amount of 33546048 bags penalty fee in the amount of 7875000 bags is collected from the defendant for benefit of the claimant.
The head of D LLC is brought by the resolution of December 21, 2005 to the administrative responsibility.
In appeal procedure case was not considered. The petition for appeal of D LLC is returned by determination of February 25, 2006.
Without having agreed with the above-named determinations, the claimant appealed to the Supreme Economic Court with the writ of appeal where the question of their cancellation is put.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim reasonable partially on the following bases.
As it is seen from case papers, after decision making on the substance of dispute, the parties brought the voluntary settlement which was asked to approve into economic court.
Having considered conditions of the voluntary settlement, the court approved it and stopped proceeedings, referring to Item 7 of Art. 86 of HPK RUZ.
Under such circumstances, the court shall refuse approval of the voluntary settlement and issue writ of execution after the introduction in legal force of resolution of the Trial Court.
Determination about return of the petition for appeal of D LLC is accepted in full accordance with regulations of procedural law and the bases for its cancellation is not available.
Thus, the judicial board considers that determination of January 24, 2006 needs to be cancelled, and to leave determination of February 25, 2006 without change.
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