Amendments and clarifications to the Statement of Claim for Illegal Retention of Funds
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To the Bostandyk District Court
Almaty, to the judge ..................
Republic of Kazakhstan, Almaty, Orbita 2nd microdistrict, 20 A.
Plaintiff: ........
IIN: 8.............
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
132 Zheltoksan str., 050000, Almaty, sgt.kz@mail.ru
hundreds of bodies: 8 707 (708) 578 57 58 ( WhatsApp/Viber).
Defendants: KaspiBank JSC
address: Almaty, Bostandyk district,
154A Nauryzbai Batyr street
BIN: 971240001315
Code: 722
BIC: CASPKZKA
Credit 24 LLP
Republic of Kazakhstan, 050023, Almaty, village
Baganashyl, 11A Yablonevy sad str.
phone: 8 727 299 25 35.
BIN: 130740008462
Amendments and clarifications to the Statement of Claim
about illegal withholding of funds from wages transferred to a checking account
Is there a civil case in your case? № ............ dated 01/21/20....., according to the claim ................, to JSC "Kaspibank.", Credit 24 LLP., Kazkommertsbank JSC., on the illegal withholding of funds from wages transferred to a checking account. Due to the changed circumstances today, gr. ............, I have settled the issues related to the statement of claim with JSC Kaspibank., and Credit 24 LLP., and the stated claims are subject to change.
According to the Civil Procedure Code of the Republic of Kazakhstan, Article 48., the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of claims or abandon the claim, the defendant has the right to recognize the claim, the parties can end the case with an amicable agreement or an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedures according to the rules provided for in Articles 169, 170, 171 and Chapter 17 of this Code.
Amendments and clarifications to the Statement of Claim for Illegal Retention of Funds
Also, according to article 169, the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claims by submitting a written application before the case is ready for trial or before the court is removed to the conference room, if there is no need for additional procedural actions.
A change in the basis or subject of a claim, an increase or decrease in the amount of claims may be filed after compliance with the pre-trial dispute settlement procedure, if such procedure is established by law or provided for by a contract. Simultaneous or in any sequence, a change in the subject and the basis of the claim means that the plaintiff submits a new claim and the plaintiff rejects the previously filed claim, which entails the termination of proceedings on the previously filed statement of claim. Simultaneous or in any sequence change of the subject and the basis of the claim is allowed in case of conclusion of an agreement on dispute settlement (conflict) by mediation.
Amendments and clarifications to the Statement of Claim for Illegal Retention of Funds
According to Article 168 of the CPC RK., In the presence of circumstances provided for in articles 272, 273, sub-paragraphs 1), 2), 3), 4) and 5) Articles 277 and sub-paragraphs 1), 2), 3), 4), 5), 8) and 9) of Article 279 of this Code, the proceedings in the case in its The preparation for the trial may be suspended or terminated, or the application may be left without consideration. Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan
I ASK THE COURT:
Regarding the Claim for imposing obligations on Kaspi bank JSC., Credit 24 LLP., in the withdrawal and subsequent non-issuance of a PTP (Payment Request order), to account no.KZ......................., through which the Plaintiff receives wages, should be left without consideration.
The rest of the claims against Kazkommertsbank JSC should remain unchanged.
Sincerely, Proxy Representative ______________/ Sarzhanov G.T. "____"___________20__ 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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