Application to a Private bailiff for removal of the imposed encumbrance (Arrest) to a bank account
To a private bailiff
executive district of Almaty RYSKALI YERZHAN IMANGALIULI
Almaty, Almaty, st. Zhibek zholy 64/47 office 700-5
+7 700 555 6007
Yerzhan_r@mail.ru
from: C. kz LLP
represented by Director D. O.F.
BIN...6
Almaty, Tole bi str., 13th floor.
8 (727) ………………..
Representative by proxy:
Lawyer Romanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 5758; +7 727 971 78 58.
Statement
On January 10, 2025, the judge of the specialized interdistrict economic Court for East Kazakhstan Region, N.S. Nursapinov, having considered the plaintiff's application for securing a claim in a civil case against I. plus LLP, appealed to the court with a claim against I. plus LLP.C.kz " on the collection of debts and penalties totaling 2,504,698 and court costs in the amount of 325 611 tenge, The Court Determined that the plaintiff's request for securing the claim should be satisfied.
The court also stated in the ruling that, according to paragraphs 1, p. 1 art. 156 Measures to secure a claim may be: 1) seizure of property belonging to the defendant and held by him or other persons (with the exception of seizure of money held in the correspondent account of a bank, a branch of a non-resident bank of the Republic of Kazakhstan, and property subject to repo transactions concluded in in the trading systems of the organizers of trades by the open trading method, or by contributions to the guarantee or reserve funds of a clearing organization (central counterparty), margin contributions that are collateral for transactions, concluded in the trading systems of the organizers of the trades using the open bidding method and (or) with the participation of a central counterparty, as well as for money held in bank accounts that receive salary amounts).
Thus, on January 13, 2025, on the basis of a court Ruling dated January 10, 2025, encumbrances (Arrests) were imposed on the only settlement account KZ.. (KZT) in JSC Halyk Bank of Kazakhstan through which employee salaries are paid and tax obligations of the legal entity C LLP are transferred. kz" is evidenced by the Account statement for the period from 07/01/2024 to 01/17/2025.
According to 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, it is stipulated that the interim measures taken by the court should not lead the defendant, a legal entity or an individual entrepreneur, to bankruptcy, disruption of normal production activities, violation of the legitimate rights and interests of others, contribute to raiding (illegal seizure of the defendant's property).
LLP "C. kz" is an operating organization that has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other contributions. Accordingly, we consider the imposition of interim measures on the current account of a small business organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses.
In accordance with paragraphs 1, paragraph 2, Article 32 of the ZRK On Enforcement Proceedings and the Status of Bailiffs, it is stipulated that when measures are taken to ensure the execution of enforcement documents, seizure of the debtor's property, including money and securities held by him or other individuals or legal entities (with the exception of banks and organizations, performing certain types of banking operations, as well as insurance organizations).
On the grounds of the above and guided by art. 3, 33 of the SAM On enforcement proceedings and the status of bailiffs
I ask you to,
· To remove the imposed encumbrances (Arrest) on the only settlement account KZ0... (KZT) in JSC "People's Bank of Kazakhstan" through which employee salaries are paid and tax obligations of the legal entity "C" LLP are transferred.. kz»;
With respect,
Representative by proxy
Lawyer. Sarzhanov Galymzhan Turlybekovich
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