Cancellation of an absentee decision on collecting the amount of debt on a bank loan
On December 14, 2015, the District Court No. 2 of the Almaly district of Almaty, consisting of the presiding judge Dogalova A.B., with the participation of the plaintiff's representative Ayupov A.B., considered in open court the civil case No. 2-8450/15 on the claim of Bank Center Credit JSC against MBA, MEA, TEV for debt collection. A decision in absentia was rendered in favor of Bank Center Credit JSC on recovery from MBA, MEA, TEV., debt under bank loan agreements in the amount of 14,082,074.40 tenge and state duty in the amount of 422,461 tenge. However, the defendants did not participate in this court session, and they never received notifications about upcoming court sessions. We learned about this decision from the bailiff's staff. Thus, 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 to collect the necessary materials to protect his interests. In addition, the case pending before the Almaly District Court No. 2 in Almaty affects our defendants, and the decision in this case may affect the rights and obligations of the defendants.
Cancellation of an absentee decision on collecting the amount of debt on a bank loan
By an absentee court decision No. 2 of the Almaly district of Almaty, they disagree, as the amount of the principal debt, remuneration, and penalties has not been established and clarified by the court, and in this regard they intend to conduct a Financial and credit examination for accrual of remuneration and principal debt and other circumstances. 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 art. 264, 265 of the CPC RK, asked the Court: To cancel the absentee court decision No. 2 of the Almaly district of Almaty, on the claim of Bank Center Credit JSC., to MBA, MEA, TEV on debt collection, to resume consideration of the case on the merits. On May 30, 2016, the District Court No. 2 of Almaly district of Almaty considered in open court the MBA's application for the cancellation of the absentee decision of December 14, 2015 in a civil case against Bank Center Credit JSC against MBA, MEA, TEV for debt collection, based on the above, guided by art. 262-266 CPC of the Republic of Kazakhstan, the court DETERMINED: To cancel the decision in absentia of the District Court No. 2 of Almaly district of Almaty dated December 14, 2015 in a civil case on the claim of Bank Center Credit JSC against MBA, MEA, TEV for debt collection. To resume consideration of the merits of the civil case on the claim of Bank Center Credit JSC against MBA, MEA, TEV for debt collection. Subsequently, we sent an application for Termination of enforcement proceedings to the Private Bailiff of the Executive District of Almaty.224/16-75-1329 dated 04/13/2016, initiated on the basis of a decision in Absentia of the District Court No. 2 of the Almaly district of Almaty on recovery from M.V.A, M.E.A, I.e.V., in favor of JSC "Bank Center Credit", the amount owed. To remove all unnecessary encumbrances on enforcement proceedings. Thus, all encumbrances were lifted from our client.
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