Counterclaim for writing off the amount owed by applying the statute of limitations
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To the Bostandyk district Court of Almaty to Judge Onlanbekova G.M.
Almaty, md. Orbit-2, 20a.
Plaintiff: gr. xxxxxxxxxx AND IIN xxxxxxxxxx
Address: Almaty, Abaya ave., Tel.: xxxxxxxx
Proxy Representative: Law and Law Law Firm
BIN 201 240 021 767 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
Tel.: +7 (727) 971-57-58; +7 (708) 971-57-58
Defendant: xxxxxxxx, ,,,,,,,,, Address: Almaty, Masanchi str.,,,,,,, Tel.: ,,,,,,,
COUNTERCLAIM STATEMENT
In the statement of claim submitted to me, the Plaintiff generally indicated PKSK Yuzhny - this legal fact is a gross illegal action on the part of the Defendant in our situation, since PKSK Yuzhny is a public organization guided in its actions by the PKSK Charter, the provisions of the Law of the Republic of Kazakhstan "On Housing Relations" and the Order of the Minister of National Economy of the Republic of Kazakhstan dated 03/20/2015, No. 242, which states that the supreme governing body of the PKSK is the general meeting of apartment owners of PKSK Yuzhny. Therefore, in order to apply on behalf of PKSK Yuzhny, it is necessary to have in hand the decision of the general meeting of apartment owners of PKSK Yuzhny apartment buildings on this appeal to the Plaintiff. It follows that in order to obtain a legal basis for such an appeal, it is necessary to attach the results of a written survey of each apartment owner of PKSK Yuzhny on granting her the authority to apply to the court for debt collection from the apartment owner of the cooperative, that is, from the Plaintiff, thus the Defendant has no reason to apply on behalf of PKSK Yuzhny. The plaintiff was provided with a certificate from the PSC of the Bostandyk district, where the Defendant is currently listed as the head of the PKSK Yuzhny. She was the chairman from 2014 to 2015. Her term of office expired in January 2015, as according to paragraph 4 of Article 43 of the Law of the Republic of Kazakhstan "On Housing Relations" and the Charter of the PKSK Yuzhny, the chairman of the PKSK is elected only for 1 (one) calendar year. In January 2015, the Defendant was supposed to hold a reporting and re-election meeting, report on it and transfer her powers to the newly elected new chairman in accordance with paragraph 2) paragraph 2 of Article 48 of the Law of the Republic of Kazakhstan "On Housing Relations". To date, the Defendant illegally exists in the position of Chairman of the Board of PKSK.
Counterclaim for writing off the amount owed by applying the statute of limitations
It should be noted that according to the provisions of the Law of the Republic of Kazakhstan "On Housing Relations" and the requirements of the Order of the Minister of National Economy of the Republic of Kazakhstan No. 242 dated March 20, 2015, the term of office as Chairman of the Board of PKSK or KSK cannot exceed a period of more than 3 (three) years. The defendant has been in the position of Chairman of the Board of PKSK Yuzhny since 2014, which means that he has been in office for more than 7 (seven) years. Also, according to the results of a written vote in May 2017, 87.03% voted in favor of removing the Defendant from the post of Chairman of the Board of PKSK from his illegally held position, 2.97% voted against, and 10% abstained. This meeting was attended by a representative of the housing inspectorate of the KSU "Department of Housing and Housing Inspection of the city of Almaty" gr.......... After this meeting and until today, no more meetings have been held at PKSK Yuzhny. Citizen .......... In June 2017, he registered with the Almaty City Department of Justice as the new Chairman of the PKSK Board. In addition, the Defendant does not have 7 (seven) notarized powers of attorney from the founding members of the PKSK Board for legal access to the use of PKSK Yuzhny's current accounts in two banks.: 1) checking account .......... in the Almaty regional branch of Halyk Bank of Kazakhstan JSC; 2) 9 (nine) current accounts, 8 (eight) of which are for each apartment building and 1 (one) personal account of the Defendant. These accounts were issued in the name of the Defendant at the Almaty city branch of the Southern Capital Kaspi bank for the disposal of public funds of the Yuzhny PCC.
Counterclaim for writing off the amount owed by applying the statute of limitations
The defendant, instead of providing certificates of completed works, fiscal receipts, statements from personal accounts of PKSK, cost rates and calculations approved at general meetings with questionnaires, annual financial reports on the financial and economic activities of PKSK Yuzhny, submits reports in the form of unsubscriptions. All the chairmen of the Board of PKSK Yuzhny, including the Defendant, have not submitted a single report on the expenditure of PKSK funds since 2000. There was no registration of the condominium facility for all 8 (eight) PKSK houses. The defendant also refers to articles 32 and 50 of the Law of the Republic of Kazakhstan "On Housing Relations", which refers to condominium facilities that we do not have. She did not provide a certificate of registration of the condominium facility. There is not even a mention of any condominium in the certificate of registration of a legal entity and in the charter of the PKSK. We are a simple consumer cooperative of apartment owners, and we carry out our activities in accordance with our charter. Therefore, for our PKSK, the limitation period is 3 years according to the Civil Code of the Republic of Kazakhstan. In addition, we were part of another PKSK until 2014. The invoices issued to me from 2006 to 2013 are gr. ........... It has nothing to do with it. The other chairmen did not need this money. They have made a lot of money from the illegal sale of our basements for nightclubs, which we have been haunted by for many years.
Counterclaim for writing off the amount owed by applying the statute of limitations
In accordance with paragraph 1 of Article 72 of the CPC RK, each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objection to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings. Based on the above, and in accordance with Articles 153, 154 of the CPC RK, I ask the Court:
write off the entire amount owed from the Plaintiff, applying the statute of limitations;
I ask you to recognize the minutes of the general meeting of August 12, 2015, provided by the Defendant as invalid and invalid, since according to the Charter of PKSK Yuzhny, the chairman is elected only for 1 (one) year.;
I ask you to recognize the registration of the Defendant in the Department of Justice of the city of Almaty as the head of PKSK Yuzhny and issue a judicial act to cancel this registration.
Sincerely, Representative by Proxy Lawyer: _______________/ Sarzhanov G.T. "____" ____________ 2021
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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