Application for termination of enforcement proceedings / Cancellation of debt collection for thermal energy / Cancellation of penalties / Recovery of state fee costs / Expenses related to pre-trial dispute settlement
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To the private bailiff of the executive district of Almaty city
Baiteli Nursultan, Almaty, Utepova str., 19a, office 302 +77012080700
chsi_B.Nursultan@mail.ru
from: TO.F. IIN ...... Almaty, st...., 198, sq. 5
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 708 578 5758; +7 727 971 78 58.
Statement
You have initiated enforcement proceedings no. 542/22-75-5422 dated 07/12/2022, on the basis of a Writ of Execution issued by the District Court No. 2 of the Almaly district of Almaty, on recovery from the D.O.F. in favor of Almaty Thermal Networks LLP, arrears for thermal energy in the amount of 4,425,537 tenge, a fine in the amount of 1 802,948 tenge, expenses for payment of state duty in the amount of 186,855 tenge, expenses related to compliance with the pre-trial dispute settlement procedure in the amount of 6,605 tenge. Having disagreed with the court order, we sent an application to the district court No. 2 of the Almaly district to cancel the court decision. On August 04, 2022, the District Court No. 2 of Almaly district of Almaty, consisting of the presiding judge Sarsenova K.K., with the secretary of the court session Kopzhursinova A.M., with the participation of a representative of the plaintiff Atibek A., a representative of the defendant Sarzhanova G.T., having considered in open court the application of the representative of the defendant for the cancellation of the court decision in simplified (written) proceedings dated May 30, 2022, in a civil case on the claim of the Limited Liability Partnership "Almaty Thermal Networks" to the D.O.F. for the recovery of the amount,
Application for termination of enforcement proceedings / Cancellation of debt collection for thermal energy
Based on the above, guided by Article 267-4, Chapter 21-1, articles 268-269 of the CPC, the court DETERMINED: To satisfy the application. To cancel the decision of the District Court No. 2 of the Almaly district of Almaty dated May 30, 2022 in the civil case on the claim of the Limited Liability Partnership "Almaty Thermal Networks" to the D.O.F. for the recovery of the amount. To resume consideration of the case on the merits. To revoke the writ of execution, as evidenced by the ruling on the cancellation of the court order dated August 04, 2022. In accordance with clause 5, clause 1 of art. 47 of the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs" enforcement proceedings are subject to termination if "the decision of the relevant body on the basis of which the enforcement document was issued is canceled." Based on the above,
I ask you to:
Terminate enforcement proceedings No.542/22-75-5422 dated 07/12/2022, on the recovery from the D.O.F. in favor of Almaty Thermal Networks LLP of arrears for thermal energy in the amount of 4,425,537 tenge, a fine in the amount of 1,802,948 tenge, expenses for the payment of state duty in the amount of 186,855 tenge, expenses related to compliance with the pre-trial dispute settlement procedure in the amount of KZT 6,605.
To remove all previously imposed encumbrances (from movable immovable property, a ban on leaving the Republic of Kazakhstan, from accounts in Tier 2 Banks) on enforcement proceedings;
To respond to the application within the time limits prescribed by law
Sincerely, Proxy Representative: ____________/ Sarzhanov G.T. "___"__________ 2022 the year
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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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