RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of January 4, 2006 No./10077

(extraction)

If the seller transmitted to breach of agreement of purchase and sale to the buyer smaller goods quantity, than is defined by the agreement, the buyer has the right if other is not provided by the agreement, or to demand to give short quantity of goods or its payment and if it is paid, to demand return of paid amount.

GAVK "U" appealed with the claim to economic court to defendants of "U" and PTK "B" about collection of 517853 bags of cost of shortage of fiber in number of 431 kg.

The claim is satisfied with resolution of the Trial Court.

In appellate instance case was not considered.

Without having agreed with the judgment, PTK "B" addressed with the writ of appeal in which the question of cancellation of the judgment with refusal in satisfaction of the claim is put.

Judicial board, having discussed the arguments stated in the writ of appeal and response, having checked case papers, considers the judgment subject to leaving without change, and the writ of appeal - without satisfaction, on the following bases.

Apparently from case papers, under the contract of September 20, 2004 for rendering services in acceptance of cotton fiber and its shipment for export of PTK "B" (consignor) Bandar Abbas, the receiver of "H" made shipment of cotton fiber on the Shahid Razhai Iranskoy Railway Port station.

Apparently from case papers, under the contract of September 20, 2004 to the receiver's address according to the rail waybill in the car N 23529167, shortage in number of 431 kg of cotton fiber for the total amount of 517853 bags in this connection the claimant took a legal action with the recovery suit of the amount of shortage is found.

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