Application for recusal of a Private bailiff
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To the private bailiff of the executive district of Almaty, Sarybekov Dzhanibek Tursynbekovich
050000, Republic of Kazakhstan, Almaty, Karasai Batyr str., 152/1 , Block C,5th floor
Phone: +77073313887.
dzhanibek2014@gmail.com
from the Debtor: E.J.
IIN ................
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 700 978 50 85.
Statement
about the withdrawal
In your proceedings, there is an enforcement document issued by the Bostandyk District Court of Almaty, on the basis of which enforcement proceedings were initiated No.195/22-75-6635 dated 12/28/2022 on recovery from E.Zh. in favor of R.A. debt in the amount of 10 561 745 tenge.
By the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022, the claims were satisfied for recovery from E.Zh. (Hereinafter referred to as the Debtor) in favor of R.A. (Hereinafter referred to as the Recoverer) the amount of debt in the amount of KZT 12,798,393 and state duty in the amount of KZT 10,561,745.
On April 12, 2023, by the Ruling of the Bostandyk District Court of Almaty, the application for postponement of the execution of the decision of the Bostandyk District Court of Almaty dated August 18, 2022 was satisfied pending consideration of the civil case by the Supreme Court of the Republic of Kazakhstan.
You participated in these court sessions as a third party. However, despite this definition, ignoring this definition, on April 13, 2023, you illegally seized an Infiniti vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by E.Zh.
In addition, you intentionally do not remove the encumbrance imposed on the immovable property of an apartment located at 157/4 sq.42 Miras district, Almaty, a land plot located at 702 Zhaugash Batyr Street, Almaty region, Karasai district, Koktogan village. Although the cost of an Infiniti vehicle with GRNZ 707 AAT 02 year of manufacture 2019 exceeds the amount owed by two times.
Thus, we have discovered in your actions the fact of a direct interest in the outcome of the enforcement proceedings, and we doubt your impartiality.
Dear Sarybekov Janibek Tursynbekovich, by sending this letter to you, we want you to recuse yourself and return the enforcement proceedings to the claimant.
According to Article 54 of the Law "On Enforcement Proceedings and the Status of Bailiffs", a bailiff, an assistant to a private bailiff, an interpreter, a specialist cannot participate in enforcement proceedings and are subject to recusal if they are personally, directly or indirectly interested in the outcome of enforcement proceedings or there are other circumstances, in particular, family relations with the parties, with by their representatives, raising doubts about their impartiality.
If there are circumstances for recusal, the persons specified in paragraph 1 of this article are obliged to recuse themselves. The challenge must be motivated and stated in writing before the beginning of the enforcement actions. A challenge in the course of execution is allowed if there is a reason for it and it became known after the beginning of the execution of enforcement actions.
In accordance with art.48, part 1, paragraph 8 of the Law, the enforcement document, according to which the recovery was not carried out or was not carried out in full, is returned to the recoverer by order of the bailiff in the following cases where there are grounds for challenging a private bailiff specified in paragraph 1 of Article 54 of this Law.
Based on the above and in accordance with Article 54 of the Law "On Enforcement Proceedings and the Status of Bailiffs"
I ask you to:
To return the enforcement documents to the recoverer of the enforcement proceedings No.195/22-75-6635 dated 12/28/2022;
Return the Infiniti brand vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by E.Zh.;
Recuse yourself.
With respect,
Representative by proxy ______________/ Nurlanov N.N.
"_____" ____________2023 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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