Application for cancellation of the court's decision in absentia to the district court
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To Almaly District Court No. 2 of Almaty
To the judge ___________________
Republic of Kazakhstan, Almaty, 050005,
___________________,
8 _________________________.
from the Defendant: Individual entrepreneur "___________________"
in the face of ___________________
IIN: ___________________
Location: Almaty, ___________________.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz /
+ 7 (708) 578 57 58.
Statement
on the cancellation of the absentee decision
"__" on August 20, the District Court No. 2 of Almaly district of Almaty, consisting of the presiding judge ___________________, at the secretary of the court session ___________________, with the participation of the plaintiff ___________________., having considered in open court in the order of absentee proceedings the civil case on the claim ___________________ to an individual entrepreneur "___________________" The Court decided to terminate the contract for the development of a mobile application, recover the amount and the legal penalty. – Legal claims ___________________ to an individual entrepreneur "___________________" on termination of the contract for the development of a mobile application, recovery of the amount and legal penalty, to satisfy. Terminate the Contract for the development of a mobile application № ___________________ dated __ April 20__, concluded between an Individual entrepreneur "___________________" in face ___________________ and ___________________. Collect from an Individual entrepreneur "___________________" in the face of ___________________ in favor of __________________ the amount of prepayment in the amount of 435,000 (four hundred and thirty-five thousand) tenge, the legal penalty in the amount of 79,387 (seventy-nine thousand three hundred and eighty-seven) tenge 50 tiyn, the cost of paying the state fee in the amount of 6,350 (six thousand three hundred and fifty) tenge.
Application for cancellation of the court's decision in absentia to the district court
Dear the Court, we disagree with the decision in absentia, as we believe the decision was made in favor of ___________________., termination of the contract for the development of a mobile application, recovery of the amount and legal penalty. At this court session, the defendant did not participate, as in the previous court sessions the judge ___________________, The next meeting was scheduled for 4 p.m. on __ August 20__, as documented by audio and video recordings. court session. Thus, on __ August 20__, at 4 p.m., we were in the District Court No. 2 of Almaly district. Almaty, where is your court session secretary? ___________________, we found out that the judge has changed and the trial has already taken place at 3 p.m. and you have made a decision in Absentia, where the illegal claims of the Plaintiff have been satisfied. The court's decisions were received ___________________ years through the Judicial Office of the Supreme Court of the Republic of Kazakhstan. Thus, the defendant did not have the opportunity, in refuting the arguments in the Plaintiff's Statement of Claim, to provide reasoned arguments to the court that could influence the court's decision. In addition, the case pending before the Almaly District Court No. 2 in Almaty affects the interests of the defendant, and the decision in this case may affect the rights and obligations of the defendants. The decisions in absentia also indicate that the Defendant did not appear at the court sessions for reasons unknown to the court, although they were promptly and appropriately notified of the day, time and place of the hearing. The defendants did not inform about the valid reasons for their non-appearance and did not ask for consideration of the case in their absence, and therefore, on the basis of art.257 of the CPC RK, the court considers it possible to consider this case in the absence of the defendants in absentia, considering also that the plaintiff did not object to the consideration of this case in absentia.
Application for cancellation of the court's decision in absentia to the district court
They do not agree with these circumstances, since the defendants lived and lives at their place of residence, and had all the contacts in the materials of the civil case. By an absentee decision of the District Court No. 2 of Almaly district of Almaty, we disagree because the amount of debt has not been established and clarified by the court, the work done that was accepted by the Plaintiff has not been taken into account, as well as the facts that to this day the Plaintiff has earned and actively used the mobile application in global Internet networks. 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 of the CPC RK
I ask the Court:
To cancel the decision in absentia of the District Court No. 2 of Almaly district of Almaty dated August 06, 20__ on the claim ___________________ to an individual entrepreneur "___________________" on termination of the contract for the development of a mobile application, recovery of the amount and legal penalty;
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.
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