In the name of the Republic of Uzbekistan April 7, 2008 Nukus City


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Correspondence decision
Decision
In the name of the Republic of Uzbekistan
April 7, 2008 Nukus City
Nukus Inter-district Civil Court in open court session consisting of the presiding judge R. Ismailova, under Secretary Z.Seidullayeva, with the participation of the assistant Prosecutor of the city Nukus K. Asanov, having considered the civil case on the plaintiff's statement of claim Shamuratova Myrzagul on recovery from the defendant Pirnazarova Katira of the amount of debt in the amount of 482.582 sums
INSTALLED:
Plaintiff M.Shamuratova , in her statement of claim to the court, stated that on December 152005 , 2005,when he was trading а at a market in Tashkent, she gave the name K. Pirnazarova, who lives at: Nukus city, settlement Orak-balga, Proyektnaya St, house without number, various gifts totaling 760,582 sums , until August 2006 the defendant returned а 512,582 sums from the total debt, on March 11, 2007 she took 30,000 sums from the defendant's house, the defendant told that "the rest of the money will be returned tomorrow", but he did not fulfill a promise, in connection with which the plaintiff asked to recover from K.Pirnazarova's total debt balance is 760.582 sums. in the amount of 482.582 sums based on her receipt, as well as the amount of state duty paid by him.
In her application to the court, plaintiff M.Shamuratova indicated that she could not attend the court session, as she lived in the city of Tashkent and asked the court to recover K. from the defendant. Pirnazarova received the amount of debt a in the amount of 482.582 sums.
At the court hearings on 27 March, 2 and 07 April 2008, the defendant K.Pirnazarova did not appear, despite the fact that she was invited to the court sessions by telegram. The plaintiff did not object to hearing the case without the defendant's presence.
After comparing the case file with the circumstances established in court, the court decided to grant the claim in part.
According to the case file, on 15 December 2005 K.Pirnazarova took from M.Shamuratova goods worth 302.400 sums from M. Shamuratova from the place where she was selling these goods. In K.'s receipt. Pirnazarova dated June 18 2006 , 2006 was written that she owed the plaintiff 512.582 sums, and pledged to repay her debt on August 20-25, and promised that she would return it with interest (10%) if she could not pay it back within the specified period. Also to Pirnazarova wrote in her receipt, that in August 2006 she promised to pay the debt in the amount of 512,582 sums, and so far she has not paid this sum, but on March 11, 2007 she returned 30,000 sums of the total amount and said that she would return the rest on March 12. In the receipt, on a stated that in the event that she could not repay the debt, the plaintiff could take away the things available in the defendant's house. All this is confirmed by a receipt written by K.Pirnazarova.
In addition, Article 735 of the Civil Code of the Republic of Uzbekistan states that "The borrower is obliged to return the loan amount received to the lender on time and in accordance with the procedure provided for in the loan agreement. If the term of repayment of the loan amount is not specified in the contract, it must be returned by the borrower within thirty days from the date of presentation of the loan. I'm the lender of the claim."
According to the last receipt written by K.Pirnazarova To she had toM.Shamuratova 512 582am.,March 11, 2007 returned 30,000amovof the total debt. Total K.Pirnazarova should 482582 sum. Thus, the court decided to recover from K.Pirnazarova 482 582 sums favor of M. Shamuratova.
Based above guided by st.st. 203-206 Code of Civil Procedure of the Republic of Uzbekistan, court
RE W I L :
Shamuratova's statement of claim Myrzagul for recovery from the defendant Pirnazarova Katira the amount of the debt 482.582sums with procents, partially satisfy.
To recover 482,582 soums from the defendant Katira Pirnazarova in favor of the plaintiff Myrzagul Shamuratova.
When paying this amount, collect from the defendant Katira Pirnazarova a state fee in the amount of 48.258 sums, to the state revenue.
To recover from the defendant K. Pirnazarova in favor of the plaintiff Myrzagul Shamuratova the expense of paying the amount of the state fee 41.500 sums.
The defendant has the right to file an application for review of this decision with the court that made the decision in absentia within fifteen days after its adoption.
A party dissatisfied with the court's decision may file a complaint through this court to the Supreme Court for Civil Affairs of the Republic of Karakalpakstan on appeal within 20 days or in cassation within a year, with a protest by the prosecutor.





Judge of the Nukus Interdistrict Court for Civil Cases:-

R.Ismalov.

The decision was printed on the computer B.S and printed out SapopВР 2900

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FROMEDIT
(On the entry into force of the decision)
Due to the absence of a complaint (protest) from April 28, 2008, the decision entered into force.

Judge Nukus inter-district court


in civil cases: R. Ismailov

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