RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of January 10, 2005 No. 10-0419/9436

In cases when the agreement provides payment of penalty in the form of penalty and penalty fee for the same violation of the obligation, the creditor has the right to require application only of one form of penalty
(Extraction)

The claimant - the BSF "Tara Ramas" appealed to economic court with the action for declaration about collection with JSC DEMIR of amount of debt in the amount of 8973360 bags of principal debt, 815760 bags of penalty and 2719200 bags of penalty fee.

Claims are satisfied by resolution of the Trial Court partially.

Case in appellate instance was not considered.

Judicial board, having studied arguments of the writ of appeal and case papers, considers necessary the writ of appeal to leave without satisfaction, and the judgment without change.

From case papers it is visible that on July 22, 2003 between the parties the agreement N 4, according to which was signed the claimant undertook to provide hotel rooms for accommodation and to make registration of citizens in the hostel of the hotel Container type according to the request of the defendant who, in turn, undertook to pay the provided services and to provide accomplishment by the guests of rules of accommodation. The obligations were fulfilled by the claimant, and provided to the defendant for payment of the invoice which were not paid by the defendant, the claim N22 of April 5, 2004 is left without answer and satisfaction, however the debt on the amount of 5438400 bags for the rendered services is acknowledged about what the settlement reconciliation statement of June 4, 2004 is signed.

Due to the non-execution by the defendant of the agreement obligations of rendering services and impossibility of dispute settlement the peaceful manner, the claimant declares the requirement about collection from the defendant in addition to principal debt in the amount of 5438400 bags, also penalties for untimely payment in the amount of 15% of outstanding amount that constituted 815760 bags and penalties in the form of penalty fee in the amount of % 0,4 for each day of delay (210 days), but no more than 50% of the amount of overdue payment that constituted 2719200 bags.

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