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RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of March 2, 2005 No. 18-0406/2999

(extraction)

The economic court stops proceeedings if is available taken legal effect, accepted on dispute between the same persons, about the same subject and of the same bases the decision of general or economic court

Economical and Legal Center LLC took a legal action with the claim to NGPU "Shurtangaz" for collection of 3 700 000 bags constituting the amount of the penalty added by the claimant in connection with payment delay.

Proceeedings are stopped by determination of economic court of September 7, 2004 with reference to Item 2 of Article 86 of the Economic Procedure Code of the Republic of Uzbekistan.

Without having agreed with determination, the claimant appealed to the Supreme Economic Court with the writ of appeal about cancellation of determination and satisfaction of claims in full.

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, in Economic court of the Kashkadarya region case of N18-0302/1815, was considered earlier where claimant was Economical and Legal Center LLC, the defendant - NGPU "Shurtangaz". The decision of July 15, 2003 is on this case made on collection from the defendant for benefit of the claimant of the amount of principal debt in the amount of 4 150 000 bags, collection of the declared penalty on the amount of 2 075 000 bags by court it is refused.

Now the defendant performed the decision only on the amount of 574 500 bags.

For the purpose of involvement of the defendant to responsibility for non-execution of contractual commitments and non-execution of the judgment, the claimant again submits the recovery suit from the defendant of penalty in the amount of 3 700 000 bags which was consideration subject of this case.

The Trial Court unreasonably, in full stops proceeedings with reference to part 2 of article 86 HPK RUZ where it is provided that the court stops proceeedings if is available taken legal effect accepted on dispute between the same persons, about the same subject and of the same bases the decision of economic court.

Apparently from contents of the action for declaration, the dispute arose between the same persons, in the same subject and the basis only regarding earlier refused penalty amount in the amount of 2 075 000 bags.

However by Trial Court it is not taken into account that the declared sum in dispute in the amount of 3 700 000 bags includes also penalty which was formed after adoption of the decision by economic court of July 15, 2003 on case N18-0302/1815.

Therefore, determination of economic court about suit abatement with reference to Item 2 of article 86 HPK RUZ is reasonable only regarding sum in dispute in the amount of 2 075 000 bags. In other part of the amount the claim is subject to consideration on the merits of the declared requirements.

Under such circumstances the court of cassation instance postanovilopredeleniye of economic court of September 7, 2004 should be changed.

Regarding suit abatement upon the demand of the claimant about penalty in the amount of 2 075 000 bags to leave determination without change. Regarding cessation of production concerning other part of claims to cancel determination and in this part to direct the action for declaration for consideration on the merits to the same economic court on the first instance.

 

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