Cancellation of the court order | Conclusion of a mediation agreement | Debt collection

On September 18, 2019, Judge of the Zhetysu district Court Baimakhanova N.E., having considered the application of the recoverer SS.K., born on 01.26.1972, IIN ....., residing at the address: Almaty, Bostandyk district, mkr...., house 27A, for a court order to recover a sum of money in the amount of KZT 7,446,000 from the debtor of LLP "...." .., located at the address: Almaty, Zhetysu district, ul...., 40, BIN .... based on the agreement on the fulfillment of obligations under contract no.B-18-0426 dated 04/26/2018, concluded in the pre-trial settlement of the dispute, I ORDERED: To recover from LLP ".... in favor of the SSC, the debt in the amount of 7,446,000 tenge, the cost of paying the state duty in the amount of 37,230 tenge, a total of 7,483,230 (seven million four hundred eighty three thousand two hundred thirty) tenge. We do not agree with the stated requirement, since an agreement was concluded between the Plaintiff and the Defendant on the fulfillment of obligations under contract no. B-18-0426 dated 04/26/2018. During the execution of this agreement, the Defendant experienced financial difficulties related to the further fulfillment of his obligations. As a result, the Defendant transferred the unfinished items of the contract (80% of the work had already been done) to another contractor chosen by the Plaintiff. (a diagram of the drawings and the signature of another contractor on the acceptance of the canvas is attached).

Cancellation of the court order | Conclusion of a mediation agreement | Debt collection

In particular, the Defendant does not agree with the amount of the claim, as it is necessary to recalculate the amount, taking into account the work done. And for this, it is necessary to assess the cost of unfinished work. Thus, it is necessary to consider this dispute in a lawsuit in order to clarify all the circumstances of the case and make a fair and reasonable decision. In accordance with Part 2 of art . 141 of the Civil Procedure Code of the Republic of Kazakhstan, the debtor has the right, within ten working days from the date of receipt of a copy of the court order or from the day when he became aware of its issuance, to send an objection to the stated claim to the court that issued the court order. According to Part 1 of Article 142 of the Civil Procedure Code of the Republic of Kazakhstan, a judge cancels a court order if the debtor objects to the stated claim within the prescribed period, or if another person, whose rights and obligations are affected by the court order, submits a statement about the inconsistency of the court order with the requirements of the law. Based on the above, the Court was asked to cancel the court order dated September 18, 2019 on recovery from LLP "..... in favor of the SSC, the debt in the amount of 7,446,000 tenge, the cost of paying the state duty in the amount of 37,230 tenge, a total of 7,483,230 (seven million four hundred eighty three thousand two hundred thirty) tenge.

Subsequently, the judge of the Zhetysu district court of Almaty, Baymakhanova N.E., having considered the application of the debtor of LLP "..... on the cancellation of the court order dated 09/18/2019 issued at the request of the SSC on the issuance of a court order to collect debts from LLP "....., ESTABLISHED: By a court order of the Zhetysu District Court of Almaty dated 18.09.2019, issued at the request of the SSK for a court order to collect debts from LLP "....., where the amount of 7,446,000 tenge was recovered from the latter in favor of S.S.K. Having disagreed with the said court order, the debtor sent an application for its cancellation, indicating that he had objections to the claim. In this regard, the court, taking into account Article 142 of the CPC RK, the judge considers it possible to cancel the court order, since objections to the stated claim were received from the debtor within the prescribed period. On the basis of the above, and guided by art. 142 of the CPC RK, the judge DETERMINED: The application of LLP ".... to satisfy the cancellation of the court order. To cancel the judicial order of the Zhetysu district Court of Almaty dated 18.09.2019 issued on the application..... to the LLP ".... on the issuance of a court order for debt collection. The Zhetysu District Court of Almaty, consisting of the presiding judge Oryngali T., with the secretary of the court session Bakytzhanov D., with the participation of the plaintiff K.A.A., the representative of the defendant, the director of LLP "..... B.D., having considered in a preliminary court session in order to prepare the case for trial in the courtroom the civil case on the claim of the CAA to LLP "... on the recovery of wage arrears, compensation for unused vacation and penalties, moral damage.

Cancellation of the court order | Conclusion of a mediation agreement | Debt collection

ESTABLISHED: Zhetysu district court of Almaty initiated a civil case on the claim of KAA to LLP ".... about collecting wage arrears, compensation for unused vacation and penalties, moral damage. During the preparation of the case for trial, the parties came to an agreement on the settlement of the dispute (conflict) through mediation. The agreement on the settlement of the dispute (conflict) through mediation is drawn up by the parties in writing and signed. Having studied the case materials and heard the parties, the court considers it possible, on the basis of Article 180 of the Civil Procedure Code of the Republic of Kazakhstan, to approve this agreement on the settlement of a dispute (conflict) through mediation, since the terms of the agreement do not contradict the law, do not violate anyone's rights and legally protected interests. 48 of the Civil Procedure Code of the Republic of Kazakhstan, the parties may end the case with an agreement on the settlement of a dispute (conflict) through mediation. In accordance with Part 1 of Article 168 of the CPC RK, in the presence of circumstances provided for in Articles 272, 273, sub-paragraphs 1), 2), 3), 4) and 5) Articles 277 and sub-paragraphs 1), 2), 3), 4), 5), 8) and 9) articles 279 of this Code, the proceedings in the case may be suspended or terminated during its preparation for trial, or the application may be left without consideration. According to clause 6) of Article 277 of the CPC RK, the court terminates the proceedings if the parties have concluded an agreement on the settlement of a dispute (conflict) through mediation, an agreement on the settlement of a dispute through a participatory procedure and they are approved by the court. The consequences of approving the agreement and terminating the proceedings provided for in Articles 180, 277-278 of the CPC RK were explained to the parties. Based on the above and guided by Articles 180, 277-278 of the CPC RK, the court DETERMINED: To approve the agreement on the settlement of the dispute (conflict) by mediation, concluded between the parties in a civil case on the claim of KAA to LLP "... for the recovery of wage arrears, compensation for unused vacation and penalties, moral damage, under the terms which: - The plaintiff of the CAA completely waives his claims against LLP "... for the recovery of wage arrears, compensation for unused vacation and penalties, moral damage. - The defendant LLP,,,, represented by Director B.D. On September 16, 2019, he transfers the amount of 100,000 (one hundred thousand) tenge to the plaintiff of the CAA in the courtroom, and pays the remaining amount of 120,000 (one hundred twenty thousand) tenge to the plaintiff of the CAA by September 26, 2019 (inclusive), while the transfer of money is executed by a receipt. - The parties have no complaints against each other. To terminate the proceedings on the case

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