MOSCOW, March 11 - RAPSI. The Moscow District Federal Commercial Court will hear on April 2 a cassation appeal filed by the Defense Ministry against the dismissal of its million lawsuit to recover $4.8 from a space center, the court told the Russian Legal information Agency (RAPSI/rapsinews.ru).

The Moscow Commercial Court held against the ministry in its action against the Khrunichev State Research and Production Space Center on October 12, 2011. The plaintiff challenged the judgment. However, the Ninth Commercial Court of Appeals upheld the court decision on December 21, 2011.

The ministry sought to recover 144.7 million rubles ($4.8 million) in penalties from the Space Center under a procurement contract dated January 31, 2006. The plaintiff said the Space Center failed to deliver the equipment on time.

The court decided that March 18, 2010, should be considered the delivery date when the customer issued a certificate for the equipment. Meanwhile, the vendor delivered the equipment for shipment on January 18, 2010.

The court also found that the ministry was responsible for providing cars to transport the equipment. It decided that the ministry was responsible for the delay, as it provided the cars as late as on March 18.