(extraction)
of November 10, 2004 No. 10-0417/55
If powers of the person for transaction are limited, then such transaction can be recognized as invalid.
The Tashkent city branch SAC of bank of Usak, being effective by proxy, appealed to economic court with the claim to JV BANNO (the borrower of the credit) and JSC Bukhoroturist (guarantor) about collection of the amount of principal debt (the amount of overdue loan) in the amount of 80290700 bags and percent in the amount of 240803508 bags.
During consideration of the case of JSC Bukhoroturist, being guarantor according to the guarantee agreement of August 1, 2001, declared the counter action recognition of the guarantee agreement to invalid.
Requirements of the claimant are satisfied with the judgment of February 9, 2004 partially, from pledged property of JV BANNO is collected 103257991 bags, from the settlement account of 150000000 bags, total 253257991 bags, the demand in reconvention of JSC Bukhoroturist is met, the guarantee agreement is nullified.
The decision is cancelled by the resolution of cassation instance of June 4, 2004, the case is submitted on new trial.
In case of new trial the claimant increased sum in dispute to 550434603 bags.
Requirements of the claimant are met by the decision of July 9, 2004 partially, is collected from the defendant of JV BANNO 400434601 bags, 150000000 bags are collected from the defendant of JSC Bukhoroturist, the demand in reconvention of JSC Bukhoroturist is left without satisfaction.
The decision is left by the resolution of appellate instance of September 16, 2004 without change.
Without having agreed with court resolutions, JSC Bukhoroturist appealed to the Supreme Economic Court with the writ of appeal in which it asks to change the taken place court resolutions. Satisfy counter claim about recognition of the guarantee agreement invalid.
Judicial board, having listened to explanations of agents of the parties, opinion of the prosecutor believing to leave court resolutions without change, having studied case papers, having discussed arguments of the writ of appeal, considers the writ of appeal reasonable.
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