Application to the Court for the return of mistakenly sent funds
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Atyrau City Court Atyrau region
Atyrau, Satpayev St. 3 8 7122 21 17 96 060203@sud.kz
From the Applicant: T...........and R........ and S.........and IIN 8.............6.
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 7858.
Respondents: K.......in D.......... n M...........h IIN 8...........9. +7 778 739 57 86.
Private bailiff of Atyrau region Mukhsanov Madi Abilhairovich
Atyrau, Beibitshilik str. 81a 8 747 152 48 08
CHSI Isaeva Ainur Aldashevna Atyrau region,Indir district, Inderbor settlement,
Kunaev St. No. 13 8 701 311 88 85 Ainur.isaeva.72@mail.ru
CHSI Atyrau region, Mukashev Naurzbek Nikolaevich Atyrau, Balykshi avenue
Beibitshilik 81a, 2nd floor 8 775 759 64 99 Hake-82@mail.ru
Statement
November 09, 2020 T........in the.......... N. S............h (Hereinafter referred to as the Applicant) mistakenly transferred 481,000 tenge by number using the Kaspi Gold application +7 778 739 57 86 , where the owner of this number is gr. K.......in D.......N. Mazhitovich IIN 8...........9. The applicant immediately called gr. K............. D.M. explained the situation, and in response, D.M. Karimov said that he was ready to transfer the mistakenly sent amount back, but said that his account had been seized on the basis of the following enforcement proceedings:
Enforcement proceedings No.85/20-23-5725 dated 05/15/2020, initiated by a private bailiff of Atyrau region M........Ym M....and A...........m on the basis of a court order of the Indersky District Court for the recovery of alimony in 1/3 of the income in favor of A.............. J. J.;
Enforcement proceedings No.(Not specified) dated 05.11.2013 initiated by a private bailiff And........... Yeah.......... r A..........m on the basis of a court order no. b/n of the Indersky District Court dated 26.11.2010 on recovery from the debtor to........... and D.....and in favor of A............ i f........ alimony 1/3 of the part;
Enforcement proceedings No.2335/20-23-2343 dated 01.10.2020, initiated by a private bailiff of the Atyrau region, M.N. Nikolaevich, on the basis of an executive inscription issued by the Notary Chamber of the Karaganda region, on debt collection under a loan agreement in favor of "MONEY FOR THE POPULATION" LLP;
Application to the Court for the return of mistakenly sent funds
The parties applied to Kaspi Bank for a refund of the mistakenly sent money. On December 29” 2020, we sent an application to the Private Bailiff of Atyrau region, Madi Mukhsanov Abilhairovich, to unblock the account belonging to Karimov DM, to Kaspi Bank JSC for further refund of the mistakenly sent money. To date, we have not received any response from CHSI Mukhsanov M.A.. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend 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. According to clauses 7, 1, art. 610 of the Tax Code of the Republic of Kazakhstan, which stipulates that from statements of claim filed with the court, statements of special claim proceedings, statements (complaints) in cases of special proceedings, applications for a court order, applications for the issuance of a duplicate writ of execution, applications for the issuance of writ of execution for the enforcement of decisions of arbitration and foreign courts, applications for repeated when issuing copies of judicial acts, writ of execution and other documents, the state fee is charged in the following amounts: from statements of claim for amendment or termination of the tenancy agreement, on the extension of the inheritance acceptance period, on the release of property from seizure and from other claims of a non-property nature or not subject to valuation - 0.5 MCI.
According to paragraph 15, Article 616 of the Tax Code of the Republic of Kazakhstan, which stipulates that individuals and legal entities are exempt from paying state duties in courts for filing applications to the court against the actions of bailiffs. Based on the above and in accordance with art. 148 of the CPC RK, I ask you:
To oblige Private bailiffs:CHSI Mukhsanov M.A.;
CHSI Isaeva A.A.;
CHSI Mukashev N.N.;
unblock the account that belonged to the Debtor.......... at the D.M., which is available at Kaspi Bank JSC;
To oblige Karimov D.M., after opening the account, to return to the Applicant the mistakenly sent funds in the amount of 481,000 tenge.
Sincerely, Proxy Representative _________/ Kurmambayev T.A. "__" _______ 2021 G.
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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