Cancellation of a simplified court decision
On April 08, 2024, case No.7527-24-00-2/2745, the judge of the specialized interdistrict Economic Court of Turalieva A.S. considered the civil case under the simplified (written) procedure for the claim: PLAINTIFF: Limited Liability Company TKB DEFENDANT: MBG Limited Liability Company PLAINTIFF'S CLAIM: to recover the amount of debt OPERATIVE PART: Guided by articles 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED:
To satisfy the claim of the limited liability company "TKB" against the defendant, the limited liability company "MBG" for the recovery of the amount owed in full.
To collect from the limited liability company "MBG" in favor of the limited liability company "TKB" the debt in the amount of 2,200,000 (two million two hundred thousand) tenge and court costs in the amount of 66,000 (sixty-six thousand) tenge.
The defendant has the right to file an application to the specialized interdistrict economic court of Almaty for the cancellation of this decision within five working days from the date of receipt of a copy of the court decision.
The decision may be appealed by the parties or petitioned 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.
Having disagreed with the court's decision, which was adopted in a simplified manner, we wrote a statement
on the cancellation of a simplified court decision
On April 08, 2024 (the final version of the decision was published on 04/13/2024), the judge of the Specialized Interdistrict Economic Court of Almaty, A.S. Turalieva, considered in a simplified procedure the civil case No. 7527-24-00-2/2745 on the claim of the Limited Liability Company "TS" to the Defendant MBG LLP for debt collection.
Guided by Articles 223-226, 267-4 of the CPC, the court decided: To satisfy the claim of the limited Liability Company "TS" to the defendant limited Liability Company "MBG" for the recovery of the amount owed in full. To collect from the limited liability company "MBG" in favor of the limited liability company "TS" the debt in the amount of 2,200,000 tenge and court costs in the amount of 66,000 tenge.
Dear Court, the defendant did not know about this court session, he never received notifications about upcoming court sessions, and thus was deprived of the opportunity to provide his reasoned objection.
The defendant learned about the court's decision on April 17, 2024, when the bailiff, as part of interim measures, according to the court's Ruling of March 11, 2024, seized the settlement account for paying employees' salaries and for transferring tax obligations to MBG LLP, there is no Claim and documents attached to it in the court's office.
Also, the Defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the plaintiff's claims and collect the necessary materials to protect his interests, since the decision of the SMCC of the city of Almaty affects the interests of the defendant.
In accordance with Part 3 of Article 267-3 of the Civil Procedure Code of the Republic of Kazakhstan, the Court notifies the parties and sets a deadline within fifteen working days for the defendant to submit a response (objection) to the statement of claim, accompanied by documents and evidence that substantiate it.
According to Part 1 of art. 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court decision are sent to the parties using means of communication that ensure recording of its receipt, or are issued no later than five working days from the date of the final decision.
It should be noted that: An agreement was concluded between the Plaintiff and the Defendant to develop the design of the website and the website itself for the plaintiff's business activities. All works were accepted by the plaintiff according to the Act of completed works and by the Defendant according to the specified act all works were handed over. Thus, the Act of completed works is signed and sealed by the parties.
According to Article 267-4 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 21-1 of this Code, taking into account the requirements provided for in part two of this Article.
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's ruling rejecting this application.
In addition, the pre-trial procedure for resolving the case was not settled between the parties in accordance with the norms of Articles 152 and 279 of the CPC RK and Article 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff does not comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure have not been lost and have been preserved.
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.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
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.
On the basis of the above and in accordance with art. 267-4 of the CPC RK,
They asked the Court to cancel the decision of the Specialized Interdistrict Economic Court of Almaty adopted in a simplified manner on April 08, 2024 on the claim of the Limited Liability Company "TS" against the Defendant "MBG" LLP to recover the amount of debt;
To consider the civil case No. 7527-24-00-2/2745 on the claim of the Limited Liability Company "TS" to the Defendant "MBG" LLP for the recovery of the amount of debt on the merits in accordance with the generally established procedure.
On April 30, 2024, the judge of the specialized interdistrict Economic Court of Almaty Turalieva A.S., having considered the defendant's application for a court decision dated April 08, 2024, issued in a simplified (written) civil case on the claim of the limited liability partnership " " against the defendant, an individual entrepreneur, for a legal penalty,
Based on Articles 147, 266, 269 of the CPC, the court of the above DETERMINED: The defendant's application for cancellation, guided by the court decision of April 08, 2024, issued in a simplified (written) civil case on the claim of the limited liability partnership " to the defendant individual entrepreneur "To A.K." in respect of the amount owed and a legal penalty, to satisfy.
The court's decision of April 08, 2024 in the civil case on the claim of the limited liability recovery partnership against the defendant, individual entrepreneur K o A.K., in the person of the recovery of the amount of debt and a legal penalty, to cancel and resume consideration of the case on the merits.
Ensure that the defendant receives a copy of the claim and obliges him to submit a written response to the plaintiff's claims, accompanied by documents substantiating the arguments and documents on sending copies of the response and accompanying documents to the plaintiff and other persons involved in the case.
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