A sample Application to the court for the cancellation of the claim security
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To the district court No. 2 of the Auezovsky district of Almaty
Almaty, Auezovsky district, Kuanyshbayeva St. No. 44 A 727-3260@sud.kz
from: ...... Assel Bulatovna IIN ......... Almaty region,
Karasai district, with.......... St. ........., D. 53.
Representative by proxy:
Law Company Zakon i Pravo LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5085
Statement
on the cancellation of the claim security
On April 07, 2014, Judge of the Auezovsky District Court No. 2 in Almaty, Isaeva E.L., having considered the civil case No. 2-2551-14, the application of Eurasian Bank JSC for securing the claim, the Judge determined that the application of Eurasian Bank JSC for securing the claim should be satisfied. To seize the property belonging to the defendant "Tas Bulak" LLP, "..... ……... Tas bulak branch 1", LLP "Mountain hotel Tus bulak branch 2", LLP "Buchuchet – NAP branch No. 1", LLP "Buchuchet – NAP branch No. 2", LLP "Buchuchet – NAP branch No. 3", LLP "Buchuchet – NAP branch No. 4", LLP "Buchuchet – NAP department No. 5", LLP "Buchuchet – NAP department No. 6", LLP "Buchuchet – NAP department No. 9", LLP "Buchuchet – NAP department No. 10", LLP "Buchuchet – NAP department No. 11", LLP "Buchuchet – NAP department №12", ....... To Zhanat Kairatovich, Akuov Talgat Zhaudovich, wherever it is and in whatever form it is expressed, within the stated amount of claim in the amount of 27,815,684.41 tenge.
As part of securing this claim, CHSI Nurgozhina A.U. seized an apartment located at the address: Almaty, Utegen Batyr str., 73 kv 183. On 05/29/2020, as part of the enforcement proceedings, CHSI Nurgozhina A.U. sold this property at electronic auctions. As a result of electronic bidding, the winner of the auction was ......... A.B. on 06/01/2020 ........... A.B. acquired a half-share in this property from CHSI Khibatov S.A. according to the contract of sale of the seized property. Currently ........ A.B. is considered the owner of this apartment, that is, he has the entire share of the apartment. According to the response of the Almaty Department of Justice dated 03/29/2021, this apartment was seized on the basis of the ruling of the district court no.2 Auezovsky district of Almaty. Dear court, as ......... A. B. bought a half share in the property, we believe that the need for the burden from the apartment anymore. 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. 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.
A sample Application to the court for the cancellation of the claim security
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 a competent, independent and impartial court established by law. According to art . 160 of the Civil Procedure Code of the Republic of Kazakhstan, where the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits. On the grounds of the above and guided by art. 160 of the CPC RK, I ask the court
To cancel the court ruling of April 07, 2014 of the Auezovsky district court No. 2 in Almaty of Judge Isaeva E.L. in the part of the apartment located at: Almaty, Utegen Batyr str., 73 kv 183 belonging to ....... Assel Bulatovna.;
To make a determination on the removal of encumbrances from property, including an apartment located at the address: Almaty, ul. ......... ......., 73 sq. 183 owned by ........... Asel Bulatovna.
Sincerely, Representative by proxy: _________/ Nurlanov N.N.. "___"___________2021 G. To the specialized interdistrict economic court of Almaty to Judge Turgunbaev A.M., from: .... Aipara Erlanovna IIN ........ Almaty, Nauryzbay district, Kalkaman-2 mkr., ul. .........., D. 19. Proxy representative: Law and Law Law Firm BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304. info@zakonpravo.kz / www.zakonpravo .kz + 7 727 978 5755; +7 708 578 5758. Application for cancellation of the claim on February 22, 2021 Judge of the specialized interdistrict Economic Court Almaty Turgunbayev A.M., having considered the application of SantehOcean LLP for securing the claim, the Judge determined that the application of SantehOcean LLP for securing the claim should be partially satisfied. To seize the property belonging to the defendant (Sole proprietor ".....-plus" represented by ..... Aipar Erlanovna, IIN 90062 ......, IIK KZ87722S0000 ...., BIC CASPKZKA) within the amount of the claimed claims in the amount of 2,000,000 tenge. Dear court, we completely disagree with the Ruling of February 22, 2021, as it does not correspond to any morality and the meaning of the law.
In this case, a supply agreement was concluded between the parties, where each party had to fulfill its obligations under the agreement, however, subsequently, in connection with the declaration of the new coronavirus COVID-19 pandemic by the World Health Organization and in order to protect the life and health of citizens, by Decree of the President of the Republic of Kazakhstan on the introduction of a state of emergency in the Republic of Kazakhstan, A state of emergency was imposed throughout the Republic of Kazakhstan, which made it difficult and subsequently forced the Defendant to fulfill his obligations properly. According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, on the adoption of interim measures in civil cases, and in accordance with Article 155 of the CPC, the plaintiff must indicate in the application specific arguments that failure to take interim measures may make it difficult or impossible to enforce the judicial act. However, the Plaintiff's arguments in this case are not substantiated and legitimate, whereas the Defendant transferred funds in the amount of 1,600,000 tenge to the Plaintiff in order to repay the debt, as evidenced by the Plaintiff's arguments in the Statement of Claim and the receipts attached to them. IP Farm-plus is an operating organization that has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other deductions.
Accordingly, we consider the imposition of interim measures on the current account of a small business organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses. 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. 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. 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 a competent, independent and impartial court established by law.
160 of the Civil Procedure Code of the Republic of Kazakhstan, where the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits. On the grounds of the above and guided by art. 160 of the CPC RK, I ask the court
To cancel the court ruling of February 22, 2021 of the specialized interdistrict Economic court of Almaty Turgunbayev A.M.;
To make a determination on the removal of encumbrances from the property belonging to the defendant (IP "Farm-plus" represented by ........ Aipara Erlanovna.
Sincerely, Representative by proxy: _________/Sarzhanov G.T. "___"___________2021 G.
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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