of May 16, 2005 N10-0519/715
(extraction)
According to the services agreement the contractor shall render the services which do not have the material form on the instructions of the customer, and the customer shall pay these services
Elan Express LLC appealed to economic court with the action for declaration to the defendant of Tekhno-Tur LLC about collection of 2.070.440 bags.
The claim is satisfied with the decision of economic court completely.
Case in appellate instance was not considered.
Without having agreed with the decision, the prosecutor's office of the city of Tashkent addressed with the prosecutor's appeal, the defendant of Tekhno-Tur LLC with the writ of appeal where ask to cancel the decision of Economic court of Tashkent and to send case for new trial in the first instance.
Judicial board, having studied case papers, arguments of protest and the claim, considers necessary to leave the decision without change, and the prosecutor's appeal and the writ of appeal without satisfaction on the following bases.
As it is seen from case papers on June 10, 2004 between the parties the agreement N23 on provision of services according to which Tekhno-Tur LLC sent to the claimant signed requests for booking and execution of air tickets with indication of routes, terms of departures and surnames of passengers was signed, and the claimant on superimposed N603 of September 13, 2004 based on the power of attorney N89 of September 13, 2004 through the defendant's representative released air tickets in number of 12 pieces. In case of the statement of the invoice for payment of air tickets, namely the air ticket N 0579479591648, the amount in the amount of 761.094 bags is mistakenly specified instead of
2.831.534 bags in this connection the defendant did not pay in addition for the ticket of 2.070.240 bags. Because the taken measures of pre-judicial dispute settlement of results did not bring, the claimant took a legal action with the requirement about collection from the defendant of 2.070.240 bags with reference of court costs on the defendant.
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