Application to the SMAS for interim measures

 

 

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To the Specialized Interdistrict Administrative Court of Almaty  

050040, Almaty, Bostandyk district, Markova St. No. 34

+7 727 333-10-25; +7 775 709-32-45

727-0316@sud.kz

 

Plaintiff: E.J.

IIN .

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 971 78 58; +7 708 978 50 85.

 

            Statement

               on taking interim measures

 

In the proceedings of the Specialized Interdistrict Administrative Court of Almaty, there is an administrative case on the claim of E.Zh. to the private bailiff of Almaty, S.D.T. for illegal actions of the CHSI.

Also, in the proceedings of the private bailiff of Almaty, Sarybekov Dzhanibek Tursynbayevich (hereinafter – CHSI), there is an enforcement proceeding No.195/22-75-6635 dated 12/28/2022, on the recovery of the amount owed from E.Zh. (hereinafter referred to as the plaintiff) in favor of Rakhmanov Azamat.

By the decision of the Board for Civil Cases of the Almaty City Court dated November 23, 2022, the claims were satisfied for recovery from E.Zh. (Hereinafter referred to as the Debtor) in favor of R.A. (Hereinafter referred to as the Recoverer) the amount of debt in the amount of KZT 12,798,393 and state duty in the amount of KZT 10,561,745.

On April 12, 2023, by the Ruling of the Bostandyk District Court of Almaty, the application for postponement of the execution of the decision of the Bostandyk District Court of Almaty dated August 18, 2022 was satisfied pending consideration of the civil case by the Supreme Court of the Republic of Kazakhstan.

CHSI participated in the mentioned court sessions as a third party. However, despite this definition, ignoring this definition, on April 13, 2023, the CSI illegally seized an Infiniti vehicle with GRNZ 707 AAT 02 year of manufacture 2019 owned by E.Zh..

Thus, there is a direct interest in the outcome of the enforcement proceedings in the actions of the CSI, and we doubt the impartiality of the CSI.

139 of the CPC RK, the grounds, measures to secure a claim, their replacement and cancellation, and the procedure for securing a claim are determined by the rules of the Civil Procedure Code of the Republic of Kazakhstan, with the exception of the specifics provided for in this article.

The application for securing the claim, received simultaneously with the claim, is considered by the judge within five working days from the date of receipt of the claim.

155., CPC RK., at the request of the persons participating in the case, the court may take measures to secure the claim in any case, if failure to take such measures may make it difficult or impossible to execute the court decision.

     Also, according to art. 157., an application for securing a claim is considered and resolved

by the judge on the day of the ruling on the initiation of a civil case, if it was attached to the statement of claim or indicated in the statement of claim. In other cases, the application for securing the claim is resolved by the judge on the day it is received by the court. An application for securing a claim is considered and resolved by a judge without notifying the persons participating in the case, the parties to the arbitration, or holding a court session. Based on the results of consideration of the application, the judge issues a ruling on securing the claim, indicating the interim measure provided for in Article 156 of this Code.

On the grounds of the above and guided by the Regulatory Decree The Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2 "On the adoption of interim measures in civil cases" and in accordance with Articles Chapter 15 of the CPC RK,

I ask you to:

Take measures to secure the claim, since failure to take these measures may make it difficult or impossible to enforce the court Decision if it is made in favor of the plaintiff (applicant), as a result of failure to take these measures, significant damage may be caused to the plaintiff (applicant);

To make a ruling on suspensions of enforcement proceedings No.195/22-75-6635 dated 12/28/2022.

 

With respect,  

Proxy Representative Lawyer:

                                                                                _______/ Sarzhanov G.T.

"___"____________2021 the year

 

 

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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