Cancellation of a court decision considered in a simplified manner on debt collection under a bank loan agreement
On November 03, 2015, the judge of the District court No. 2 of the Almaly district of Almaty, Ospanova G.S., considered in a simplified procedure a civil case on the claim of JSC Eurasian Bank against M.Ch.S. for the recovery of the amount owed. The decision was made in favor of Eurasian Bank JSC to recover from the defendant the debt under the bank loan agreement in the amount of 1,206,808 tenge and the costs of the state duty in the amount of 36,204 tenge. However, the defendant did not participate in this court session, never received notifications about upcoming court sessions and did not receive a copy of the statement of claim. We learned from the bank's employees about the court's decision on 05/24/2016. Thus, the defendant did not have the opportunity to familiarize herself with the subject of the statement of claim, the nature and size of the Plaintiff's claims and to collect the necessary materials to protect her interests. In addition, the case pending before the District Court No. 2 of Almaly district, Almaty, the case affects our interests, and the decision in this case may affect our rights and obligations. By an absentee decision of the district court No. 2 of Almaly district, Almaty, they disagree and intend to conduct a Financial and credit examination for the accrual of remuneration and principal debt and other circumstances. According to Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, the Defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. An application for revocation of a decision is considered in accordance with the rules established by Chapter 21 of this Code, taking into account the requirements provided for in part two of this Article.
Cancellation of a court decision considered in a simplified manner on debt collection under a bank loan agreement
The decision may be appealed by the parties or appealed by the prosecutor on appeal after the deadline for filing an application for revocation of this decision has expired, and if the application has been filed, within one month after the court issued a ruling rejecting this application. For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision. Based on the above, guided by Articles 264, 265, 147 of the Civil Procedure Code of the Republic of Kazakhstan, the Court was asked to: Cancel the absentee court decision No. 2 of the Almaly district of Almaty, on the claim of Eurasian Bank JSC, to M.Ch.S., to recover the amount of debt; Resume consideration of the case on the merits. On June 08, 2016, District Court No. 2 of Almaly district of Almaty, consisting of the Presiding judge Ospanova G.S., with the secretary of the court session Kumarova A., with the participation of the plaintiff's representative Kharlamova E.A., acting on the basis of a power of attorney dated January 05, 2016 and the representative of the defendant Sarzhanova G.T., acting on a power of attorney dated June 01, 2016, having considered in open court the defendant's application for the annulment of the court's decision of November 03, 2015 in the civil case against M.Ch.S. Eurasian Bank JSC. 147, 268-269 of the Civil Procedure Code of the Republic of Kazakhstan, the Court of First Instance: The defendant's statement on the cancellation of the court's decision of November 03, 2015 in a civil case on the claim of Eurasian Bank JSC against M.Ch.S. for the recovery of the amount of debt, considered in a simplified procedure, to satisfy. To cancel the decision of November 03, 2015 in the case of the claim of JSC Eurasian Bank to M.Ch.S. for the recovery of the amount of debt, and to resume consideration of the case on the merits.
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