RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of October 17, 2005 No./2625

(extraction)

In case of absence in meeting of economic court of the claimant who is properly informed on time and the place of trial of case, the dispute can be resolved in its absence in the presence of the plaintiff's declaration about consideration of the case in its absence.

The action for declaration of the BSF "About" is left determination of economic court of 24.06.2005 without consideration based on Item 6 of Article 88 of the Economic Procedure Code of the Republic of Uzbekistan (the claimant was not in meeting of economic court and did not declare consideration of the case without its participation).

Determination is left by the resolution of appellate instance of August 17, 2005 without change.

Without having agreed with determination and the resolution of appellate instance, the claimant appealed to the Supreme Economic Court with the writ of appeal about their cancellation and the direction of case on consideration on the merits of the declared requirements.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim reasonable on the following bases.

As it is seen from case papers, the economic court the determination of May 26, 2005 adopted to production the action for declaration of the BSF "About" to the defendant of state of emergency of "B" about collection of 1350000 bags and appointed consideration of the case to June 9, 2005, having obliged the claimant and the defendant to submit the authentic documents confirming or disputing claims on court session. Besides the court obliged to be on court session of agents of the parties.

On the first court session which was carried out on June 9-10, 2005 neither the claimant, nor the defendant were. However, the claimant took to court the fax - the statement where asked court to consider case without its participation.

Determination of June 10, 2005 the court postponed consideration of the case for June 24, 2005 in which obliged the head of the claimant to be on court session for giving explanations.

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