MOSCOW, April 16 - RAPSI. The Ninth Commercial Court of Appeals upheld the dismissal of the Defense Ministrys $4.3 million lawsuit against the Khrunichev State Research and Production Space Center.

The court dismissed the ministry's appeal on April 16.

The ministry sued the space center for non-fulfillment of contractual obligations.

The plaintiff entered into a public contract with the space center on July 22, 2008, for the delivery and transportation of a booster vehicle. The defendant committed to supply the booster by September 30, 2010.

The booster was manufactured in July 2010 and was handed over to the transportation company to be transferred to the Baikonur Cosmodrome. However, it was damaged during the transportation.

Following the incident, the parties signed an additional agreement for the replacement of the damaged booster for the new one, which was to be modified and supplied by April 15, 2011. However, in February 2011 the ministry changed its mind and decided to restore the damaged booster.

The court dismissed the plaintiffs claim, stating that the booster might have been supplied yet in October 2010 if the ministry had not hesitated about the recovery of the damaged booster.