Cancellation of the court's decision and Conclusion of an agreement on the settlement of the dispute (conflict) through mediation
On the basis of the loan agreement between Kaspi Bank JSC and the Borrower, a loan agreement No. 34485387 was concluded on 29.03.2013, on the basis of which the Borrower was granted at 40% per annum for the purchase of a car. In order to ensure the fulfillment of its obligations, the defendant pledged to the bank, on the basis of the pledge agreement, a CHEVROLET CRUZE car, made in 2013, with the state number 749 ... 02, which, according to the terms of the pledge agreement, remained in the possession and use of the pledgor. Despite all the verbal requests and appeals to the bank to somehow resolve the situation, as the Borrower fully transfers his pension by paying off the loan for 100,000 tenge. On a monthly basis, the Bank filed a lawsuit with the court to recover the amount owed and transfer the property as a mortgage. And, on 08/11/2016, the Bostandyk District Court of Almaty, consisting of: the chairman, Judge Nurmakhanbetov N.T., considered in a simplified procedure the civil claim of Kaspi Bank JSC against NN.T., on debt collection and transfer of property as a mortgage and made a Decision. The decision was made in favor of Kaspi Bank JSC to recover from the defendant the debt under the bank loan agreement in the amount of 1,209,776 tenge and the state duty in the amount of 36,293 tenge.
Cancellation of the court's decision and Conclusion of an agreement on the settlement of the dispute (conflict) through mediation
However, the defendants did not participate in this court session, never received notifications about upcoming court sessions, and did not receive a copy of the statement of claim. This decision was received from the CSI, so the defendants did not have the opportunity to get acquainted with the subject of the claim, the nature and size of the Plaintiff's claims and collect the necessary materials to protect their interests. In addition, this case affects the interests of the Borrower, and the decision in this case may affect the rights and obligations of the defendants. Disagreeing with the Decision of the Bostandyk district Court, Almaty, according to Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, wrote a statement on the cancellation of the court's decision and on the intention to conduct a Financial and credit examination for the accrual of remuneration and principal debt and other circumstances in order to comprehensively, fully and objectively consider the said civil case, where the court will be provided with evidence that may affect the content of the decision. According to the court ruling of January 06, 2016, our application was granted by the court and the court's Decision was overturned. Subsequently, the case was resumed for consideration on the merits. According to account statement no.KZ8060110830000..., no.KZ80601108300002... from the National Bank of the Republic of Kazakhstan, payments were made (transferred) from the Borrower's retirement account from 06/15/2015 to 07/04/2016 regularly for 100,000 tenge due to repayment of the loan. And currently, there are funds in the amount of about 600,000 tenge in the account that have not been written off by Kaspi Bank JSC. Currently, the borrower has no overdue debts, as he transferred 100,000 tenge each month from pensions. If the bank withdraws money from the above-mentioned account, the debt to the bank will remain about 600,000 tenge. The borrower has never refused to fulfill contractual obligations, but on the contrary, despite all the difficulties, fulfills contractual obligations and values his credit history, integrity and is perplexed by the circumstances. On January 25, 2017, the Bostandyk District Court of Almaty. having considered in open court in the premises of the Bostandyk District Court of Almaty the civil case on the claim of the Joint Stock Company "Kaspi Bank" to the NTA for debt collection, U S T A N O V I L:
The Bostandyk District Court of Almaty is conducting a civil case on the claim of the Kaspi Bank Joint-Stock Company against the NTA for debt collection. The parties concluded an agreement on the settlement of the dispute (conflict) through mediation and applied to the court for its approval and termination of the proceedings. The agreement on the settlement of a dispute (conflict) by way of mediation was concluded Considering that the agreement on the settlement of a dispute (conflict) by way of mediation, concluded by the parties, does not contradict the law, is completely in the interests of the parties, their fulfillment of the terms of the mediation agreement does not violate the rights of the interests of third parties, the conditions are enforceable, the court considers it possible to approve this agreement on the settlement of the dispute (conflict) in the mediation procedure. According to Part 3 of Article 278 of the Civil Procedure Code of the Republic of Kazakhstan, terminating the proceedings on the grounds provided for in paragraphs 1), 2), 3), 5) and 6) of Article 277 of this Code, the court in the ruling indicates the refund of the state fee in accordance with the requirements of Article 107 of this Code. Guided by art. 48, 107, 176, 178, 180, 277, 278 Of the Civil Procedure Code of the Republic of Kazakhstan, the Court of Justice: To approve the Agreement on the settlement of the dispute (conflict) in the order of mediation in a civil case on the claim of the Joint-Stock Company "Kaspi Bank" to the NTA for debt collection, concluded between by the parties on the following terms:
Under this Agreement, the Defendant recognizes the Plaintiff's claims for recovery of debts from the NTA in the amount of 1,209,776.68 (one million two hundred nine thousand seven hundred seventy-six tenge sixty-eight tiyn) tenge and for recovery of expenses for payment of state duty in the amount of 34,793 (thirty-four thousand seven hundred ninety-three) tenge, for payment of notary services in in the amount of 424 (four hundred twenty-four) tenge.
NTA undertakes to repay the debt owed to the Plaintiff and deposit the entire amount of the debt to Kazri Wapk JSC in the amount of 550,171 (five hundred and fifty thousand one hundred and seventy-one) tenge, which includes the borrower's debt as of January 24, 2017 in the amount of 549,747 tenge and the Bank's expenses for notary services in the amount of 424 tenge on time until May 15 , 2017 , in the following order:
- The amount in the amount of 100,000 (one hundred thousand) tenge, the Defendant undertakes to pay to Kazri Wapk JSC by February 10, 2017; - The amount in the amount of 100,000 (one hundred thousand) tenge, the Defendant undertakes to pay to Kazri Wapk JSC by March 10, 2017; - The amount in the amount of 100,000 (one hundred thousand thousand) tenge The Defendant undertakes to contribute to Kazri Vapk JSC by April 10, 2017;
Cancellation of the court's decision and Conclusion of an agreement on the settlement of the dispute (conflict) through mediation
- The Defendant undertakes to deposit the amount of 250,171 (two hundred and fifty thousand one hundred and seventy-one) tenge to Kazri Vapk JSC by May 15, 2017.
A motor vehicle of the brand "CHEVROLET CRUZE", registration number 749BTA02, built in 2013, owned by NTA, seized by a private bailiff, is transferred to NTA.A. according to the act of acceptance and transfer, by January 30, 2017, as a pawn to the Bank and will be mortgaged to Kazri Vapk JSC until full repayment. The defendant has the amount of debt in the amount of 549,747 tenge and the fulfillment of clause 2 of this Agreement.
The Plaintiff, in case of full fulfillment by the Defendant of paragraph 2 of this Agreement, terminates the obligations of the Defendant under the Bank Loan Agreement.
In case of violation by the Defendant of the terms specified in paragraph 2 of this Agreement, as well as refusal to comply with paragraph 2, paragraph 3 of the Agreement, the Plaintiff submits the Agreement for enforcement on the basis of a writ of execution in accordance with art. 178 of the CPC RK.
To return to the plaintiff of Kazri Vapk JSC the state fee paid when filing the claim (payment order No. 13560347 dated July 7, 2016 in the amount of 34,793 (thirty-four thousand seven hundred and ninety-three) tenge. To terminate the proceedings in this civil case. #Lawyer #Lawyer #Legal service #Legal advice
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