A sample Application to the court for the annulment of the decision of the district court
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To the Ekibastuz City Court of Pavlodar region to the Judge ___________________
Republic of Kazakhstan, ___________________.
from the Defendant: ___________________ IIN: ___________________
city of Almaty, ___________________ + 7 ___________________
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Statement
on the cancellation of the court decision
__ June 20__ Ekibastuz City Court, composed of the presiding judge ___________________, having considered, in a simplified procedure, the civil case on the claim of JSC "____________________" to ____________________ on debt collection under the bank loan agreement, Resolved: The claim of JSC "___________________" to ______________________ about debt collection – to satisfy. Collect from ______________________ in favor of a sample Application to the court for the annulment of the decision of the district court of JSC "__________________" the amount of debt in the amount of 892,364 tenge, court costs for the payment of the state fee in the amount of 26,771 tenge, for a total of 919,135 tenge.Dear Court, the defendant did not participate in this court session, and he has never received notifications about upcoming court sessions. The defendant found out about the court's decision on the website of the Ministry of Justice __.02.20__ of the year and then checked the court's Decision through the website of the Supreme Court of the Republic of Kazakhstan. Thus, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect his interests. In addition, the case pending before the Ekibastuz City Court affects the interests of the defendant, and the decision in this case may affect the rights and obligations of the defendant.
We do not agree with the decision of the Ekibastuz city Court, since the court did not establish and clarify the amount of the principal debt from the loan received, the payments made by the defendant against repayment of the loan were not taken into account, the Demand for early repayment of the loan was not received, since the defendant did not refuse to fulfill his obligations under preferential terms and today The defendant intends to settle the case amicably through mediation, and the defendant has not received a copy of the statement of claim. We intend to conduct a Financial and Credit examination for the accrual of remuneration and principal, penalties and other circumstances.According to Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, the Defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision.
The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. An application for revocation of a decision is considered in accordance with the rules established by Chapter 21 of this Code, taking into account the requirements provided for in part two of this Article. The decision may be appealed by the parties or appealed by the prosecutor on appeal after the deadline for filing an application for revocation of this decision has expired, and if the application has been filed, within one month after the court issued a ruling rejecting this application.By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
A sample Application to the court for the annulment of the decision of the district court
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by the competent, an independent and impartial court established by law.For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision.Based on the above, guided by Articles 264, 265, 147 of the CPC RK
I ask the Court:
To cancel the decision of the Ekibastuz City Court of __ June 20__ on the claim of JSC "___________________" to _____________________ Oh debt collection;
To resume consideration of the case on the merits.
With respect
Representative by proxy:
________________/Sarzhanov G.T.
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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