Application for reinstatement of the arbitration court's appeal period

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To the Almaly District Court

cities of Almaty

the defendant: _______________________,

about. at the address of Almaty,

_______________________.

IIN _______________________

statement

(on the restoration of the appeal period and on the appeal of the decision of the arbitral tribunal)

        _ On September 20, I became aware that the Arbitration Court of Almaty, consisting of the presiding judge _______________________, by the decision of July __, 20__, the claims of Mikrokreditnaya LLP organization "_______________________"  to _______________________ Svetlana Leonidovna on the recovery of the amount of debt and on foreclosure on mortgaged real estate, partially satisfied. This decision of the arbitration court states: - to recover from _______________________, _______________________ in favor of the plaintiff, the amount the principal debt in the amount of KZT 10,936,042, accrued remuneration in the amount of KZT 93,034, overdue remuneration in the amount of KZT 656,121, accrued penalty in the amount of KZT1,915,151, court costs in the amount of KZT 566,894.43, as well as expenses related to the payment of representative assistance in the amount of 1,578,179 (about $8,500 USD) tenge, a total of 15,745,421.43 tenge. -Foreclose on an apartment building located at the address: Almaty, Turksib district, _______________________, owned by right of ownership _______________________. - In case of compulsory execution of the decision of the arbitration court, to recover from _______________________, _______________________ the amount of the state fee 5 MCI, paid by the plaintiff when applying to the competent court to obtain a writ of execution based on this decision.

I disagree with this decision of the Almaty Arbitration Court due to the fact that:-the composition of the arbitration court and the arbitration proceedings did not comply with the requirements of the legislation of the Republic of Kazakhstan on arbitration: -The party was not properly notified of the election (appointment) of the arbitrator and of the time and place of the meeting of the arbitral tribunal, or for other reasons could not provide the arbitral tribunal with its explanations; -The decision of the arbitral tribunal contradicts the principle of legality and public order of the Republic of Kazakhstan. In clause 12.2 of the Agreement on the provision of microcredit secured by immovable property dated __.07.20__, disputes are subject to consideration by the Arbitration Court of Almaty.          The descriptive and motivational part of the arbitration court's decision states-"the defendant _______________________ She did not appear at the court session, although she was duly notified of the time and place of the meeting, she deliberately received a court summons, and a registered letter was sent. letter via JSC "_______________________", she did not inform the court about the valid reasons for her non-appearance and did not ask the court to consider the case in her absence." These statements are not true, as the court summons for ex. No. _____ dated __.06.20.__ – I was invited to the arbitration court "_______________________" at the address Almaty, Almaly district, _______________________, and the present decision was made by another court, that is, the arbitration court of Almaty. Statement of claim of Micro-credit Organization LLP "_______________________" It is addressed to the Arbitration Court of Almaty, at the address of Almaty, Medeu district, Nusupbekov St., no. ___, and not the Arbitration Court of Almaty.

Consequently, this court has considered a statement of claim addressed to another court, that is, the jurisdiction has been violated. All these confusions led me astray about the court itself, which should consider this claim. If the claim is filed with the arbitration court of Almaty, then what does the arbitration court have to do with it? "_______________________". But when I got acquainted with the decision of the Almaty Arbitration Court, I was generally confused, not knowing whether the arbitration court of Almaty and the Arbitration court of Almaty are the same court or not. In such circumstances, can it be argued that I, as a defendant, was duly notified? In addition, after the decision was made by the Almaty Arbitration Court, I had to spend time trying to establish on which grounds the claim was considered by this court. However, she was unable to receive a statement of claim, which was sent to the arbitration court of Almaty. In accordance with paragraph 2 of art. 35 of the Law on Arbitration Courts (Form and content of the arbitration Court decision) the decision of the arbitration court must specify: the place of arbitration determined in accordance with Article 21 of this Law. But the decision of the Almaty Arbitration Court ignored this requirement of the Law, and did not specify the place of arbitration.

Is the party obliged to guess where the arbitration took place, in the Medeu district of Almaty, according to _______________________, or by _______________________, Almaly district, or somewhere else? __.09.20__ of the year, I applied to the Arbitration court of Almaty with a request to familiarize me with the materials of the case in which the decision was made against me, and asked for a copy of the decision itself. (Here, the court employee again dictated the name of the court as the Eurasia Themis Arbitration Court and I had to write as they demanded) But familiarization with the case materials made it even more confusing regarding the arbitration court and its place of consideration. So, if the plaintiff sent his statement of claim to the arbitration court of the city of Almaty, located in the Medeu district, according to _______________________., then the defendant (_______________________)He sent his petitions, objections, and reviews to the arbitration court. "_______________________" G.Almaty, without specifying the address

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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