A petition for the transfer of a civil case according to the jurisdiction and not according to the choice of the plaintiff
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To the Pavlodar City Court of the Pavlodar region
To Judge Zhamanbaev B.M.
Pavlodar, 140000, 1st May street, 189. 8 (7182) 66 13 60.
from the Defendant: ................... IIN ................. 050000,
Almaty, Medeu district, ul. .............., the house. 15.
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, 79/71 Abylai Khan Ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 708 578 5758.
THE PETITION
on the transfer of the case by jurisdiction
Is there a civil case in your case? №..........., according to the claim of DB Bank Home Credit JSC (hereinafter referred to as the Plaintiff, the bank) to ............. (hereinafter referred to as the Defendant, debtor) on the recovery of the amount owed under Bank Loan Agreements No. 3405712598 dated March 7, 2014. The petition for the transfer of a civil case under jurisdiction In this civil case, we consider jurisdiction violated because We wanted to draw the judge's attention to the fact that the Bank Loan Agreement was concluded in Almaty, where the bank's Head Office is located and where the Defendant himself permanently resides, however, the Plaintiff, for selfish reasons, in order to make it difficult for the Defendant to participate in the trial, filed a Claim with the Pavlodar City Court based on the terms of the Loan Agreement, which provides for contractual jurisdiction at the Bank's choice (art. 32 of the CPC).
In refuting these arguments, we believe the Plaintiff should be based on specific clauses of the contract, and not on the article of the CPC, which also provides for filing a Statement of Claim at the place of conclusion of the contract. Whereas Article 6 of the Civil Code stipulates that the norms of civil legislation should be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to the understanding that corresponds to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation set out in this chapter. Petition for transfer of a civil case by jurisdiction
A petition for the transfer of a civil case according to the jurisdiction and not according to the choice of the plaintiff
The Bank Loan Agreement signed by the parties No. 3405712598 dated March 7, 2014 does not provide for contractual jurisdiction in the Pavlodar City Court and or at the choice of the Plaintiff, as evidenced by the Agreement itself. Most likely, the Plaintiff bases his arguments on the Banking Service Agreement Version-2, where on page 107, in Article 2, the Liability of the parties.
Exclusion of liability, clause 10., is provided In case of late repayment of debt, the Bank has the right to: collect a legal penalty; recover the amount of debt from any bank accounts of the Client in a non-acceptance manner, subject to the restrictions established by the legislation of the Republic of Kazakhstan; recover the amount of debt in court in court at the location of the Bank or its branch - at the discretion of the Bank; transfer the debt for pre-trial collection and settlement to collection agencies and or entrust the collection of the amount owed to third parties with the provision of information and documents to collection agencies and third parties for the execution of the Bank's instructions, block the credit card and or reduce, cancel the amount of the available credit limit with the suspension or termination of credit on the credit card without notifying the Client, as well as commit any other actions in accordance with the legislation of the Republic of Kazakhstan.
Dear Court, thus, we consider the Plaintiff to be misleading you, whereas Article 32 of the CPC RK, "Contractual jurisdiction", provides that the Parties may, by agreement among themselves, change the territorial jurisdiction for this case, including in cases pending before the court, at the stage of preparing the case However, there is no reservation in this article that the Plaintiff has the right to independently choose the jurisdiction in the case, and we believe that a specific court of first instance of urban or district significance should have been stipulated. In this article, it is necessary to pay attention to "The parties may, by agreement between themselves, change the territorial jurisdiction." Based on the principle of Good Faith, reasonableness and fairness, it would be advisable to file a lawsuit in the courts of Almaty and or at least the Almaty region, and not 3,000 km away in Pavlodar.
Article 8 of the Civil Code of the Republic of Kazakhstan. It is stipulated that the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law, Citizens and legal entities should act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed – in this case, we observe a violation of our rights where the Plaintiff is applying jurisdiction of his own choice. Based on the above, as well as in accordance with art. 32 of the CPC RK.
WE ASK THE COURT:
Civil case No.5510-20-00-2/1154, on the claim of DB Bank Home Credit JSC to ...........on the recovery of the amount owed under the Bank Loan Agreement No. 3405712598 dated March 7, 2014 - redirect the jurisdiction to the Medeu District Court of Almaty.
Sincerely, Proxy representative: _______________/ Sarzhanov G.T."___"___________2020 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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