Cancellation of a court decision in absentia with the restoration of procedural deadlines for debt collection under an Electricity Supply Contract
06.01.2014 District Court no .2 Auezovsky district of Almaty, Judge Isaeva E.L., having considered the civil case on the claim of "K" LLP (Hereinafter referred to as the Plaintiff) to gr. N., (Hereinafter referred to as the Defendant) on the recovery of the amount owed, the Court Decided in absentia to satisfy the Plaintiff's claims. To collect 180,787 tenge from the Defendant in favor of the Plaintiff, for services of consumed electricity, 15,675 tenge against the refund of the state duty. The total amount to collect is KZT 196,462. In 2018, the Defendant learned from a private bailiff that there was the above-mentioned correspondence decision, where the amount of debt was collected. Having disagreed with the court's decision, the Defendant, guided by Articles 264, 265 of the CPC RK, sent an application to the court for the cancellation of the absentee decision, where he asked the Court to cancel the absentee decision of the District Court No.2 Auezovsky district of Almaty dated 06.01.2014 on the claim of the Plaintiff against the Defendant for the recovery of the amount owed. He also asked to resume consideration of the case on the merits. It is important to note that the decision in absentia can be appealed by the defendant filing an application for the cancellation of this decision within five days of receiving a copy of the decision to the court that issued the decision. Since the Defendant missed the procedural deadlines, the Defendant filed a motion to restore the procedural deadlines along with the Application.
On August 9, 2018, the District Court no.2 of the Auezovsky district of Almaty, Judge M.A. Kokambekova, having considered the Defendant's application for the cancellation of the absentee judgment of January 06, 2014, the Court determined that the defendant's application should be satisfied. To cancel the district court's decision in absentia No.2 Auezovsky district of Almaty dated January 6, 2014 in a civil case on the Plaintiff's claim against the Defendant for debt recovery and to resume consideration of the case on the merits.
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