On July 16, 2004 No. 10-0407/2-0
(extraction)
The judge refuses adoption of the action for declaration if the dispute is not subject to consideration in economic court.
SU of Transgidromekhanization appealed to economic court with the claim to the defendant to the Tashkent city department of Department of legal executives about recognition of biddings selling the cargo vehicle TZA-7,5-5334 invalid.
By determination of Economic court of Tashkent of January 10, 2004 adoption of the action for declaration of SU of Transgidromekhanization it is refused.
Case in appellate instance was not considered.
Without having agreed with determination of court the claimant appealed to the Supreme Economic Court of the Republic of Uzbekistan with the writ of appeal about cancellation of determination of court.
Judicial board, having checked case papers, having discussed arguments of the writ of appeal, considers the writ of appeal subject to variation, determination of court to leaving without change on the following bases.
From case papers it is visible that on November 8, 2003 the Tashkent city department of Department of legal executives held auction for realization of automotor-vehicles, as the winner of auction it was recognized гр. S. M. Including that the auction was held with abuse of regulations, established by the law, the claimant took a legal action with the statement for recognition of the biddings by invalid.
Considering that the declared requirements infringe on interests of physical person, consideration of the case without its participation is not possible. In view of that гр. C.M. within the legal relationship which arose between the parties did not participate in quality of the individual entrepreneur, therefore the action for declaration shall be submitted to court of law.
Under such circumstances the economic court reasonably refused adoption of the action for declaration, based on item 1 of Art. 117 of HPK RUZ as this dispute is not subject to consideration in economic court.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.