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RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of June 30, 2004 No. 10-0406/1422

(extraction)

Stopping proceeedings, the court in determination shall specify owing to what specific circumstances it is impossible to make the decision on this case.

JSC Bakht hizmat appealed with the claim to court to defendants to the municipal government the State Property Committee and Kafolat-fayz LLC about recognition invalid state orders of N871 of the December 11, 2003 issued to Kafolat-fayz LLC.

Proceeedings are suspended by determination of economic court according to Item 1 of article 82 HPK RUZ.

Without having agreed with determination, the claimant appealed to the Supreme Economic Court with the writ of appeal.

Judicial board, having discussed the claimant's arguments, having checked case papers, considers the claim reasonable.

As the economic court is seen from case papers, considering case on the claim of JSC Bakht hizmat to defendants to the municipal government the State Property Committee and Kafolat-fayz LLC about recognition invalid state orders of N871 of the December 11, 2003 issued to Kafolat-fayz LLC suspended consideration of the specified case before acceptance of the final decision on criminal case concerning the former officials of Bakht-hizmat LLC which is initiated by prosecutor's office of Mirabadsky district on March 24, 2004.

Court of cassation instance, considering the writ of appeal of the claimant about cancellation of determination about suspension of consideration of the case, recognized it lawful and subject to satisfaction.

The obligatory basis for suspension of proceeedings according to Item 1 of article 82 HPK is the impossibility of his trial before decision making on another matter considered according to the procedure of the constitutional, civil, criminal or administrative trial.

Stopping proceeedings, the court shall specify owing to what specific, circumstances it is impossible to make the decision on this economic case.

In motivation part of the resolution of Mirabadsky prosecutor's office on initiation of legal proceedings of March 24, 2004 there are no data that this claim is connected with criminal investigation.

Besides, the representatives of defendants participating in meeting of cassation instance supported the writ of appeal and expressed opinion on groundlessness of suspension of consideration of the case.

Therefore, determination needs to be cancelled and to oblige Trial Court to consider the merits of the case of the requirements declared by the claimant.

 

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