Application for securing a claim for seizure of all property, money in current accounts, within the limits of the claim
Specialized Interdistrict Economic Court of Almaty
from the Plaintiff: C kz LLP
in the person of Director D... O.F.
BEAN ...
Almaty, Tole bi str., ..., 13th floor.
8 (727) 301 50 23, 301 50 24.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
Statement
on securing a claim
The plaintiff of C kz LLP filed a lawsuit against the defendants of Kaz LLP for recognition of acts of completed works as valid, for debt collection and penalties. A civil case No. 7527-25-00-2/5441 dated 04/17/2025 on the claim of "C kz" LLP (hereinafter referred to as the Plaintiff) against "Kaz" LLP (hereinafter referred to as the Defendant) for the recovery of the amount is pending before the judge of the SMEC of Almaty, S.S. Baskanbayeva.
The following agreements were concluded between the parties:
- Subcontracting Agreement No. 13/PD/2019 dated July 18, 2019;
- Supply agreement No. 05/20 (shut-off valves) dated May 29, 2020;
- Subcontracting Agreement No. 77 dated October 19, 2020;
- Supplementary Agreement to the Subcontracting Agreement No. 77 dated October 18, 2021;
- Subcontracting agreement No. 01.2/PD/2021 dated February 12, 2021.
In civil case No.7527-25-00-2/5441, we provided explanations in the claims regarding the calculation of the amount of the claim. The price of the claim in this case is 3,144,933 tenge. Of these, 1,075,364 tenge is the amount of the penalty, and the remaining 2,069,569 tenge is the amount owed under Contract No. 77 dated October 19, 2020, Additional Agreement to the Subcontract No. 77 dated October 18, 2021 and under Subcontract No. 01.2/PD/2021 dated February 12, 2021.
The debt is calculated as follows:
· 802,853 tenge according to the reconciliation act of mutual settlements signed by the parties for the period 01.01.2021 to 03.12.2021 under subcontract No. 77;
· 120,000 tenge according to the act of completed works No. 3 dated 31.01.2022 under subcontract No. 77;
· 728,000 tenge according to the act of completed works No. 4 dated 31.01.2022 under subcontract No. 77;
· 269,611 TENGE unpaid amount according to the act of completed works No. 45 dated 09.11.2021 under subcontract No. 01.2/PD/2021;
· 62,300 tenge according to the act of completed works No. 2 dated 31.01.2022 under the supplementary agreement to the Subcontract No. 77;
· 86,805 tenge unpaid amount under the act of completed works No. 52 dated December 27, 2021 under the supplementary agreement to the Subcontract No. 77.
About the penalty fee. The penalty for late payments for works and services rendered, which amounted to 1,075,364 tenge, was calculated in the form of a table in the claim and the attached table to the claim.
We believe that failure to take measures to secure the claim may make it difficult or impossible to enforce the court's decision, since the claims indicated in the claim have no other property security, and the Plaintiff is not aware of the Defendant's other property.
155 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the persons participating in the case, the parties to the arbitration proceedings, the court may take measures to secure the claim in any situation if the failure to take such measures may make it difficult or impossible to execute the court decision.
According to art. 157 of the CPC RK, an application for securing a claim is considered and resolved by a judge on the day of the ruling on the initiation of a civil case, if it was attached to the statement of claim or indicated in the statement of claim.
155 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the persons participating in the case, the parties to the arbitration proceedings, the court may take measures to secure the claim in any situation if the failure to take such measures may make it difficult or impossible to execute the court decision.
According to art. 157 of the CPC RK, an application for securing a claim is considered and resolved by a judge on the day of the ruling on the initiation of a civil case, if it was attached to the statement of claim or indicated in the statement of claim.
According to paragraph 12 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2 "On the adoption of interim measures in civil cases", the adoption of such an interim measure as the seizure of property belonging to the defendant is allowed in cases where the plaintiff claims arising from contractual, tort or other property-related legal relations that must be satisfied. at the expense of the debtor's property.
Given the amount of the claim and the possibility of making it difficult to enforce the court's decision in the future if measures are not taken to secure the claim, we consider it possible to seize all of the defendant's property, within the limits of the stated requirements.
Based on the above and in accordance with Articles 155-157 of the Civil Procedure Code of the Republic of Kazakhstan,
I ask the Court:
· To seize all the property of Kaz LLP (BIN ...), wherever it is and in whatever form, including money in current accounts, within the amount of KZT 3,144,933.
With respect,
Representative by proxy: Kenesbek I.M.
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