RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of November 14, 2005 No./5171

(extraction)

In case of operational transportation, i.e. cargo delivery in the operational car and behind operational seals of the consignor, the railroad on the back of delivery note the special stamp confirming operability of transportation shall be put down.

State of emergency of "A" appealed to economic court with the action for declaration to GAZhK "U" about collection of 16919904 bags of cost of shortage of sunflower oil on sending N330693.

The claim is satisfied with the decision of economic court completely.

Case in appellate instance was not considered.

GAZhK "U" appealed to the Supreme Economic Court with the writ of appeal in which it asks to cancel the judgment and to refuse the claim, having referred to safe cargo delivery.

Judicial board, having discussed the arguments stated in the claim and response, having checked case papers, having studied experimental testimony, considers the writ of appeal subject to variation, the decision of economic court to leaving without change on following the bases.

From case papers it is seen that according to the agreement of the August 23, 2004 signed between the claimant and Z LLC (Russia, P), the last on sending N330693 to the claimant shipped the N22967203 car with load - sunflower oil "Z".

From the commercial statement of the September 29, 2004 which is drawn up on the station Tashkent it is seen that the specified car is delivered in good repair behind two operational seals of the consignor.

However, in operability of the seals provided by the defendant to court removed from the disputable car the claimant had doubt. In this connection, according to the petition of the claimant the court appointed examination for check of operability of seals.

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