Application for cancellation of a simplified court decision

 

 

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Yesilsky District Court of Astana city

36 Sauran Street, Astana, 10000.

8 (7172) 55-84-00, internal number: 3460010205@sud.kz

from the Defendant: A.A.U.

IIN ..

Astana, St.. S.., 57 sq.,

8 778 .......  

Representative by proxy:

Law and Law Law Firm  

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 578 5758; +7 727 971 78 58.

 

Statement

on the cancellation of a simplified court decision

 

On October 09, 2022, the judge of the Yesilsky District Court of Astana, Kulakbayeva Zh.M., considered the civil case on the claim of Technodom Operator Joint Stock Company (Technodom Operator) in a simplified procedure to the Defendant A.A.U. about the recovery of funds.

Guided by Articles 223-226, 267-4 of the CPC, the court decided: To satisfy the claim of the Technodom Operator Joint Stock Company against A.A.U. for the recovery of funds. To recover from A.A.U. in favor of the Technodom Operator joint stock company a sum of 781,990 tenge, court costs for the payment of state duty in the amount of 23,459. 70 tenge, a total of 805,449. 70 tenge.

Dear Court, the defendant did not know about this court session, he never received notifications about upcoming court sessions, and thus was deprived of the opportunity to provide his reasoned objection. The defendant learned about the court's decision on December 30, 2022, when a Private bailiff blocked the Defendant's bank card. Also, 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 collect the necessary materials to protect his interests, since the decision of the Yesil District Court of Astana affects the interests of the defendant.

In accordance with Part 3 of Article 146 of the Civil Procedure Code of the Republic of Kazakhstan, the Court notifies the parties, sets a deadline within fifteen working days for the defendant to submit a response (objection) to the statement of claim, accompanied by documents and evidence that substantiate it.

According to Part 1 of Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court decision are sent to the parties using means of communication that record its receipt, or are issued no later than five working days from the date of the final decision.

It should be noted that: A Garmin Smart Watch MARQ (hereinafter referred to as the product) was purchased from the plaintiff in the amount of 781,990 tenge in installments for 12 months through the Freedom finance credit bank. Subsequently, the bank transferred the amount for the goods to the plaintiff and the defendant, for his part, made an initial payment. However, the plaintiff's website stated that the plaintiff would deliver the goods within a week, in fact, the plaintiff delivered within a month in violation of its contractual obligations, respectively, the bank withdrew its credit funds from the plaintiff in connection with the violation of its obligations.

At the end of the month, the plaintiff informed the defendant that the goods had arrived and asked the defendant to pick them up, unaware that the bank had withdrawn its installment funds. The defendant took the ordered watches in installments. At the time of receipt of the goods, the plaintiff did not inform the defendant that the goods would be sold to the defendant in cash, the plaintiff informed the defendant about this at the end of the month period.

The defendant did not refuse to fulfill his contractual obligations and is ready to continue fulfilling his obligations in installments for 12 months.

 

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.

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.

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.

         On the basis of the above and in accordance with art. 147 of the CPC RK,

 

I ask the Court:

 

To cancel the decision of the simplified order of October 09, 2022 of the Yessil District Court of Astana on October 09, 2022 on the claim of Technodom Operator Joint Stock Company (Technodom Operator) to the Defendant A.A.U. about the recovery of funds;

To resume consideration of the case on the merits.

 

Yours sincerely,, __________________/ A.A.U.

 

"___"__________2022 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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