Cancellation of a court decision in absentia | Cancellation of a simplified court decision | Cancellation of the Arbitration award

The Turksib District Court of Almaty, with the participation of a representative of the defendant, Sarzhanov G., having considered in open court the defendant's applications for the cancellation of the absentee court decision of 07/01/2014, in a civil case against the Limited Liability Partnership "Bureau for Work with Debtors" to I.A.V. for the recovery of receivables in the amount of 299,695 (two hundred and ninety-nine thousand six hundred and ninety-five) tenge. The plaintiff, Bureau for Work with Debtors LLP, filed a lawsuit against I.A.V. for the recovery of accounts receivable in the amount of 299,695 tenge. By an absentee court decision dated 07/01/2014, the plaintiff's claims were to be satisfied in full. The defendant, I. A.V., applied to the court for the cancellation of the said absentee decision of the Turksib District Court of Almaty, arguing that he had not received the court's decision and had not been properly notified. The plaintiff's side did not appear at the hearing, provided a statement in which they asked to consider the application without their participation, and to refuse to satisfy the application.

At the hearing, the representative of the defendant I.A. – Sarzhanov G.T. supported the statements and asked to cancel the court's decision in absentia. The court, having listened to the opinion of the defendant's representative, having studied the materials of the civil case, considers the application to be satisfied. In accordance with paragraph 1 of Part 1 of Article 265 of the CPC of the Republic of Kazakhstan, the absentee decision is subject to cancellation if the court finds a set of circumstances indicating that the defendant did not appear at the court session for valid reasons, although he was notified of the time and place of the trial. As can be seen from the case file, the defendant Ivanov A. The appointment of the court session was not properly notified, since there is no information about sending a summons to the defendant.

Cancellation of a court decision in absentia | Cancellation of a simplified court decision | Cancellation of the Arbitration award

Guided by articles 265,266 of the Civil Procedure Code of the Republic of Kazakhstan, the court determined: To cancel the decision in absentia of the Turksib District Court of Almaty dated 07/01/2014, in a civil case on the claim of the Limited Liability Partnership "Bureau for Work with Debtors" to I.A.V. on the recovery of receivables in the amount of 299,695 (two hundred ninety-nine thousand six hundred ninety-five) tenge.

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