Appeal against the judicial act - refund of mistakenly sent funds
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Atyrau Regional Court of Atyrau region, Atyrau, 3. +7 712 255 82 22 .
from the Plaintiff: xxxxxxxxxxxx AND IIN xxxxxxxx
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 971 78 58; +7 708 971 7858. The defendants: xxxxxxxxxxxxxx AND IIN xxxxxxxxxx
Atyrau, md. Orken, xxxxxxxx street +7 778 xxxxxxxxxxxx Private bailiff Atyrau
xxxxxxxxxxxx Atyrau, Beibitshilik str. xxxx 8 747 xxxxxxxxxxxxxi Atyrau region, xxxxxxxxxx
Atyrau, Avangard microdistrict 4, xxxxxxxx 8 702 xxxxxxxx Baur-wkau@mail.ru
THE APPEAL
on the decision of Atyrau City Court dated May 05, 2021
On November 09, 2020, xxxxxxxxxxxx (Hereinafter referred to as the Applicant) mistakenly transferred 481,000 tenge using the Kaspi Gold application to the number +7 778 xxxxxxxxxx, where the owner of this number is gr. xxxxxxxxxx and IIN xxxxxxxxxx The applicant immediately called gr. xxxxxxxx D.M., and explained the situation, and in response, xxxxxx D.M., said that he was ready to transfer the mistakenly sent amount back, but reported that his account had been seized on the basis of the following enforcement proceedings:
Enforcement proceedings No.85/20-23-5725 dated 05/15/2020, initiated by a private bailiff of Atyrau region xxxxxxxxxx on the basis of a court order of the Indersky District Court to recover alimony in 1/3 of income in favor of xxxxxxxx J.;
Enforcement proceedings No.2335/20-23-2343 dated 01.10.2020, initiated by a private bailiff of Atyrau region, xxxxxxxxxxxxxx on the basis of an executive inscription issued by the Notary Chamber of Karaganda region, on debt collection under a loan agreement in favor of "MONEY TO THE POPULATION" LLP;
Appeal against the judicial act - refund of mistakenly sent funds
The parties applied to Kaspi Bank for a refund of the mistakenly sent money. On December 29, 2020, we sent an application to the Private Bailiff of Atyrau region xxxxxxxxxx about unblocking the account belonging to xxxxxxxx DM, to Kaspi Bank JSC for further refund of the mistakenly sent money. To date, we have received a response from CHSI xxxxxxxx M.A., where the letter motivates that the refund of funds from the debtor's account is possible only with the consent of the recoverer or in court. Accordingly informed we had been sent to the address Atyrau city court to a claim for enforcement of private bailiffs to unlock the account belonging to xxxxxxxx D. M. available in JSC "Kaspi Bank" and obliging after opening the account to return mistakenly sent funds in the amount of 481 000 tenge. On May 5, 2021, the Atyrau City Court xxxxxx M.A., having considered civil case No. 2310-21-00-2/814 on the claim of xxxxxxxx R.S., to xxxxxxxxxxxx, a private bailiff xxxxxxxxxx and to a Private bailiff xxxxxxxxxxxx on the obligation of private bailiffs to unblock the account belonging to xxxxxxxx D.M., available in Kaspiy Bank JSC and on the obligation after opening an account to return the mistakenly sent funds in the amount of 481,000 tenge, the Judge decided to partially satisfy the claim. To oblige xxxxxxxxxx to return xxxxxxxxxx mistakenly sent funds in the amount of 481,000 tenge. To refuse to satisfy the claim xxxxxxxxxx to the private bailiff xxxxxxxxxx, the private bailiff xxxxxxxxxx regarding the obligation to unblock the account belonging to xxxx DM, available in Kaspiy Bank JSC.
Appeal against the judicial act - refund of mistakenly sent funds
Dear judges of the Appeals Board, we do not agree with the decision of the Atyrau City Court on May 5, 2021. During the trial, all the Defendants and private bailiffs were ready to return the mistakenly transferred money. The only condition for the return of the wrongly sent documents from the Defendants was a judicial act. The court of first instance did not take into account the fact that the Plaintiff proved that the money was transferred in error and that there was no relationship with the Defendant. 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. In accordance with Articles 401, 402, 403, 404 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated that an appeal may be filed against court decisions that have not entered into force. The right of appeal against a court decision belongs to the parties and other persons involved in the case, and are considered by the appellate judicial board for civil cases of the regional and equivalent courts in a collegial composition of at least three judges of the board. Appeals are filed through the court that issued the decision. Appeals may be filed within one month from the date of the final decision, and by persons who did not participate in the trial, from the date of sending them a copy of the decision.
Appeal against the judicial act - refund of mistakenly sent funds
Based on the above and guided by Articles 401, 402, 403, 404 of the CPC RK, I ask the Court:
The appeal of the Plaintiff, xxxxxxxx R.S., against the Decision of the Atyrau City Court of May 05, 2021 – to satisfy;
The decision of the Atyrau City Court of May 05, 2021 – to partially cancel;
Regarding the refusal of the obligation to the private bailiff xxxxxxxxxx, the private bailiff xxxxxxxxxx to unblock the account belonging to xxxxxx D.M., available in JSC "Kaspiy Bank" - cancel.
Sincerely, Proxy Representative: _______/Moldagaliev A.E. "___"___________2021 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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