Application for the involvement of a specialist in evaluation activities
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To Almaly District Court No. 2 of Almaty
Republic of Kazakhstan, Almaty, ________________.
From Applicants:
___________________
IIN ___________________.
________________________
IIN _______________________.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@za konpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE PETITION
about attracting a specialist
Q, is there a civil case in your case _______________________ from _______________________ of the year according to the Complaint of JSC "_______________________" ( hereinafter referred to as the Applicant) for the actions of a private bailiff _______________________, ( Next, the Defendant) where the applicant motivates his arguments set out in the Complaint. Arguments of JSC "_______________________" we do not agree, and we consider them groundless and left without consideration on the following grounds: Due to the improper execution of the decision of the Bostandyk District Court of Almaty, the Bostandyk District Court of Almaty issued a writ of execution for №_______________________ about collecting from _______________________ in favor of JSC _______________________" the amount of debt in the amount of 14,906,301 tenge, the cost of paying the state fee in the amount of 447,189 tenge, on the basis of which the Private Bailiff of the Regional Chamber of Private Bailiffs of Almaty, _______________________, enforcement proceedings were initiated №_______________________ dated "__" July 20__.
\Application for the involvement of a specialist in evaluation activities
_ On _ August 20__, an application was sent to the Private Bailiff for postponement of the execution of the court decision, which also indicated the intention to provide a report on the valuation of collateral from a licensed valuation company to a private bailiff, however, the private bailiff, without paying attention to this paragraph of the Application, __ August 20__ He issued a resolution on the participation of a specialist to assess the seized property. After us _______________________ A corresponding Application was sent to the CSI to cancel the Decision on the participation of a specialist in the assessment of seized property dated __ August 20__ and to issue a new Decision on the participation of an assessment specialist. where to assign the Debtor to carry out the assessment of the seized collateral. _______________________ years old to us from HSI _______________________, We received a letter instructing us and I will explain it by September 20. provide a valuation report, collateral, from any independent valuation company.
If the property assessment report is not provided within the specified period, the assessment will be carried out on the basis of the bailiff's decision independently, with the involvement of an appraisal company. On the basis of the letter from the CSI, we conducted an assessment that was assigned to the Appraisal Company LLP "_______________________", which __.09.20__ conducted surveys of the evaluation facility and submitted a Report for No.____ from __.09.20__, where the estimated value of the collateral amounted to 102,844,583 tenge, which was sent in the original to the address of the CHSI. The applicant mainly bases his arguments on the fact that the Bank's specialists, who are not current specialists in the field of valuation, have analyzed the assessment report prepared by the LLP "______________________" We found out about the presence of the following identified comments to the assessment report. In the calculation part of the comparative method, adjustments were incorrectly applied (the area adjustment was applied with a plus to the collateral of the Bank, and also represents high indicators at a time when the adjustment should be negative).
The condition of the object was also not taken into account (according to the photographic material, the estimated residential building was partially without exterior decoration), moreover, analogues were selected from the highest range of prices, which does not reflect the objective market value of the object, and therefore "the assessment report is unreliable.
Application for the involvement of a specialist in evaluation activities
We do not agree with the Applicant's arguments, as we have not found a conclusion or professional opinion of a specialist and/or a competent person in the field of evaluation activities in the materials of the civil case. These arguments of the Applicant's representative are a LAWYER by training, cannot be competent and/or a specialist in Evaluation activities. In this regard, we consider that the Applicant's arguments are unfounded and groundless. Taking into account all the above circumstances, we consider it necessary to involve a specialist who will help to understand the validity, reliability, of the assessment report by the assessment company on which the Applicant unreasonably bases his claims. In accordance with Parts 1, 2, 5 of art. 82 of the CPC RK: "An expert examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert on the basis of special scientific knowledge";
" The presence in the case of acts of audits, inspections, conclusions of departmental inspections, as well as written consultations of specialists, appraisers' reports does not replace the expert's opinion and does not exclude the possibility of appointing a forensic examination on the same issues"; "Persons involved in the case may ask the court to entrust the examination to a specific person with the necessary special scientific knowledge".
As a specialist, I propose a candidate ___________________, who is the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises, Head of appraisal companies. located at the address of Almaty, ___________________. 157., office 18. Tel: ___________________. The defendant shall bear the legal costs associated with the participation of a specialist in the consideration of the case. Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan,
I ask the Court:
To involve in the Civil case as a specialist the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises, the Head of the appraisal companies Mr. ___________________;
The legal costs of the specialist should be borne by the defendant.
With respect,
Representative by proxy:
________________/Sarzhanov G.T.
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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