RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of October 12, 2005 No./1091

(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 to refuse the transferred goods and its payment and if it is paid, to demand return of the paid sum of money.

GAVK "U" appealed with the claim to economic court to defendants Zh LLC and SAC "At" about collection of 316262,11 of bags of cost of shortage of fiber in number of 1945 kg. The claim is satisfied with resolution of the Trial Court.

In appellate instance case was not considered.

Zh LLC appealed to the Supreme Economic Court with the writ of appeal in which the question of cancellation of the judgment with refusal to the claimant in the claim is put.

Judicial board, having discussed claim arguments, 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 October 7, 2003 for rendering services in acceptance of cotton fiber and its shipment for export of Zh LLC (consignor) railway port Bandar Abbas, the receiver of "B" made shipment of cotton fiber on the Shahid Razhan station Iranian. However on June 24, 2004 in the N23524788 car which arrived to the receiver according to the rail waybill N168491 shortage in number of 1945 kg of cotton fiber for the total amount of 316.262.11 bags in this connection, the claimant took a legal action about collection of the amount of shortage is found.

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