of February 14, 2005 No. 10-0407/9217
(extraction)
The broker answers to the consignor for any omission which entailed loss, shortage or damage, the property of the consignor which is at it.
State of emergency "Makhmudova 3." appealed to economic court with the claim to Chilonzor savdo markazi LLC for collection of the amount of principal debt in the amount of 7 946 640 bags.
Requirements of the claimant are met by the judgment completely.
The decision is cancelled by the resolution of appellate instance. The new decision is made and satisfaction of claims it is refused completely.
Without having agreed with the resolution of appellate instance, the claimant addressed with the writ of appeal where he asks the decision of the first instance to uphold, having repealed the resolution of appellate instance.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim proved and subject to satisfaction on the following bases.
As state of emergency "Makhmudova 3 is seen from case papers in the period of 2002-2003." delivered to the defendant to the commission goods for the total amount of 7946640 bags. Due to the non-execution by the defendant of the obligations in payment or return of the goods delivered to the commission, the claimant took a legal action with the requirement about collection of 7946640 bags constituting the amount of principal debt.
The requirement of the claimant is lawfully and reasonably satisfied with Trial Court.
The claimant, performing business activity in the procedure established by the law, transferred to the defendant to the commission the consumer goods imported from abroad. By their transfer the following document package was provided: the air waybills confirming commodity importation on the territory of the Republic of Uzbekistan, cargo customs declarations, certificates of conformity of goods to quality. By transfer of goods on the commission receipts were drawn up and the goods are registered in the komitentsky book of the defendant.
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