Cancellation of interim measures | Lifting of arrest | Release from encumbrance
The plaintiff I.N.I., rane filed a claim against the defendant B.P.G. for recovery of the debt, arguing that on April 02, 2014, the defendant received a loan of 4,500,000 tenge, which he promised to repay by April 01, 2015, about which a receipt was written. Cancellation of interim measures | Lifting of arrest | Release from encumbrance Within the prescribed period, the obligation of the defendant has not been fulfilled. Due to the improper fulfillment of the latter's obligations, the latter incurred a debt in the amount of 4,500,000 tenge, which was confirmed during the consideration of the case on the merits and the relevant decision of the Almaly District Court No. 2 of Almaty dated October 27, 2017 was issued. The plaintiff also filed an Application as part of the interim measures, which the court was satisfied with the ruling and sent to the DISA of Almaty. (Almaly District Court Ruling No. 2 of Almaty dated October 3, 2017). To date, the above-mentioned court decision has been fully executed and all debts to the plaintiff have been repaid, as evidenced by the corresponding receipt from the Plaintiff. The recoverer did not remove the encumbrances imposed under the interim measures. According to paragraph 1 of Article 160 of the Civil Procedure Code of the Republic of Kazakhstan, securing a claim may be revoked by the same court at the request of the person participating in the case, the parties to the arbitration proceedings, or on their own initiative.
Cancellation of interim measures | Lifting of arrest | Release from encumbrance
According to Article 264 of the Civil Code of the Republic of Kazakhstan, it provides for "Protection of the rights of the owner from violations not connected with the deprivation of possession," where the Owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. 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. Based on the above and guided by the Legislative Acts of the Republic of Kazakhstan, We asked the Court: The ruling of the Almaly District Court No. 2 of Almaty dated October 3, 2017, issued as part of interim measures, to cancel; To remove all arrests from all movable and immovable property of the defendant B.P.G. wherever it is located and in whatever way it is expressed, within the stated amount of 4,500,000 tenge; The execution of this decision is entrusted to the Department for the Enforcement of Judicial Acts of Almaty. Cancellation of interim measures | Lifting of arrest | Release from encumbrance On April 07, 2022, the judge of Almaly District Court No. 2 of Almaty, having reviewed the materials provided by the parties and studied the civil case on debt collection, determined: To satisfy the application of the BPG for the cancellation of interim measures; To remove all arrests from all movable and immovable property of the defendant B.P.G. wherever it is located and in whatever way it is expressed, within the stated amount of 4,500,000 tenge.
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