Application for the claim of documents
To the Esil District Court of Astana
Republic of Kazakhstan, Astana,
010000, Sauran St.
010205@sud.kz
8 (7172) 55-98-80
The applicant: …………
gr. .........................
IIN: ................
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
Defendant: gr. .........................
IIN ...........
Astana, ul. ..........., d....., sq.m. .....
+7 …………….
statement
about requesting documents
At 200.. year gr. ............, ( further, Applicants/Borrowers) applied to the Currency Transit Bank to obtain a business loan. Director of Currency Transit Bank, gr. ..........., She informed the Borrowers that the bank could not lend money, but she could personally help them find the necessary amount. After that, she led the Borrowers to the next office, where she introduced the deputy of Currency Transit Bank, a group previously unknown to Borrowers.. ............( next is the Defendant).
As a result, the Defendant offered Borrowers money at interest on the condition that the Borrowers would bring the Defendant interest on the loan every month and write a receipt with interest, that is, indicating an inflated amount in the receipt. Since the business needed working capital, the Borrowers agreed. The Defendant's funds were given out on purpose in the Defendant's office located in the building of the Currency Transit Bank.
Subsequently, the Borrowers regularly paid monthly cash payments to the Defendant in the same bank account. Borrowers received funds from the Defendant in the total amount of not more than 4,000,000 (four million) tenge, most of this amount was paid by Borrowers. Each amount returned was recorded on the backs of receipts indicating the amount returned and signed. The receipts were in a single copy, which the Defendant kept at home and refused to give copies to Borrowers.
Application for the claim of documents
When the global economic crisis hit in 200.. This year, borrowers were forced to close the business. Upon learning about this and that the Borrowers were planning a real estate sale, the Defendant, taking advantage of the credulity of the Borrowers, demanded that the Borrowers write a receipt for the remaining debt with very high interest rates indicating the amount of 8,312,000 (eight million three hundred and twelve thousand) tenge, while the old receipts, on the reverse sides of which there are records of the returned the Defendant did not take into account the amounts and did not return them to the Borrowers. At the time of writing the receipt dated 30.06.08 The borrowers did NOT TAKE money from the Defendant and do not recognize this debt.
All payments and debt reports were made solely on account of the remaining debt for 2007 on old receipts and do not constitute recognition of debt on the receipt dated 30.06.08. During a mediation meeting in Astana on May 15, 201.. The defendant showed old receipts, but refused to give them to gr. ............. According to the Defendant's statement of claim, October 11, 201.. The Semey City Court of the East Kazakhstan region, chaired by a judge .............., with the participation of the plaintiff's representative...... having considered in open court with the use of audio-video recordings the civil case on the claim of gr. ………..., to gr. ............, and gr. ............, on debt collection, Decided – The claims of gr. ............, to gr. ............, and gr. ............, to satisfy the debt collection in full. Collect from gr. ............, gr. ............, in solidarity in favor of gr. ............, debt in the amount of 7,538,000 tenge. Collect from gr. ............, gr. ............, court costs related to the refund of state duty of 75,380 tenge and expenses for representative services in the amount of 35,000 tenge, postage in the amount of 1,161 tenge, a total of 111,541 tenge in equity in favor of gr. ............, 55,771 tenge each.
No previously written receipts were found in the materials of the civil case of the Semey City Court, whereas in the receipt itself there is a reference to previously written receipts. The Defendant intentionally kept silent about these receipts and the money returned by Borrowers in cash in the Defendant's office, thereby misleading the court. In this regard, we have the opinion that the Defendant's actions are aimed at seizing property by deceiving and abusing the Borrowers' trust.
Application for the claim of documents
July 09, 201.. A year ago, we sent a Pre-judicial complaint to the Defendant, where it was requested that the Defendant provide all copies of previously written receipts for the receipt of funds by Borrowers, by July 30, 201.. years. If all copies of the previously written receipts for the receipt of funds by Borrowers are not issued within the specified period, we reserve the right to apply to the court on this issue.
Prior to the court claim, the Defendant and her Representative, according to the Database of Kazpost JSC, received. In these circumstances, we ask the Defendant to provide all copies of previously written receipts for the receipt of funds by Borrowers. However, the Defendant does not intend to provide us with the requested documents On the grounds of the above and, guided by the Laws of the Republic of Kazakhstan, By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to protect their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
When applying to the court with this Application, the Applicant, in accordance with paragraphs 2, paragraph 1, art.610 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget" (Tax Code), "is forced to pay a state fee in the amount of 0.3 MCI, with a bank commission in the amount of .... tenge. Based on the above, guided by Articles 4, 13 of the Constitution of the Republic of Kazakhstan, 148-150 of the CPC RK,
I ASK THE COURT:
To claim gr from the Defendant. ............, all receipts for receiving funds written before August 30, 200...;
To collect from the Defendant the paid amount of the state duty in the amount of ... tenge.
Sincerely, Proxy Representative: __________________/ Sarzhanov Galymzhan Turlybekovich "___"____________20__ the year
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