of May 17, 2006 No./8880
(extraction)
From the moment of adoption by economic court of the decision on recognition of the debtor by the bankrupt and opening of liquidating production, the requirement about recognition of the property right, about reclamation of property from others adverse possession shall be considered not within liquidating production, and by submission of the separate action for declaration.
On January 1, 2005 between JSC T and M.'s state of emergency the lease agreement of storage facilities is signed.
The decision of economic court of September 29, 2005 JSC T is declared bankrupt, the liquidating managing director is appointed And. In the course of liquidating production the liquidating managing director sent the notification state of emergency M. on agreement cancelation of lease and release of rented warehouse from property of the lessee.
On October 27, 2005 between JSC T and JV R the new lease agreement on the same storage facilities was signed.
In subsequent, part of goods was exported by M. Odnako's state of emergency, 30 piles did not appear in warehouse.
Considering that JV R unduly holds alien property, M.'s state of emergency appealed to economic court with the statement for reclamation of property in the form of 30 piles of N310 raw silk in quantity of 958,7 of kg at JV R.
The requirement of the applicant is met by determination of January 6, 2006. The court obliged JSC T and JV R to release M.'s state of emergency 30 piles of raw silk.
Without having agreed with determination, JV R made the petition for appeal about cancellation of determination with refusal in allowance of the application of state of emergency of M.
Determination of January 6, 2006 is cancelled by the resolution of appellate instance of February 16, 2006. M. is refused allowance of the application of state of emergency.
Without having agreed with the resolution of appellate instance, M.'s state of emergency appealed to the Supreme Economic Court with the writ of appeal about cancellation of the resolution and leaving without change of determination of January 6, 2006.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim unreasonable on the following bases.
According to the subitem 6 of part 1 of article 125 of the Law of the Republic of Uzbekistan "About bankruptcy" from the moment of adoption by economic court of the decision on recognition of the debtor by the bankrupt and opening of liquidating production of the requirement about recognition of the property right, about reclamation of property from others adverse possession shall be considered not within liquidating production, and by submission of the separate action for declaration.
Therefore, it is necessary to leave the writ of appeal state of emergency M. without satisfaction, and resolutions of appellate instance - without change.
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