Form - Amendments and clarifications to the application for appealing the actions of the CSI Regarding the recognition of the auction (bidding) as invalid
To the Turksib District Court of Almaty
To the judge .............
050011, Almaty, Spartak St., 11
The Court's Office: 8 (727) 333-13-74
The court's e-mail address:
727-4460@sud.kz, 020214@sud.kz
Applicant: gr. ..............,
IIN: ……………
050019, Almaty, Medeu district, ul. ...., d....
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
Address: Almaty, st. Zhibek Zholy, 50, office 202.
phone: 8 707 578 57 58 / 8 708 578 57 58.
The defendant:
Private bailiff
Executive district of Almaty
……..
IIN: ..................
050011, Almaty, ul. ..........., ..., of... Mango Shopping Center
tel.:8 727 ................
AuctionOne LLP,
BIN: 140940013606
Almaty, Furmanova str., 28 A.
Changes and clarifications to the application
on appealing against the actions of a private bailiff Regarding the recognition of an auction (bidding) as invalid
Q, is there a civil case in your case ................. dated 08/31/2011... on appealing against the actions of a private bailiff On the recognition of an auction (bidding) as invalid. During the study of the materials of the enforcement proceedings by the Private Contractor Kali Kuanysh, a violation was intentionally committed, since the deadline for evaluating the appraisal companies of INVEST CAPITAL LLP, dated 18.08.201... of the year at the time of the auction was overdue, respectively, according to art. 257 of the Civil Code of the Republic of Kazakhstan. Upon termination of the ownership right, the property is assessed based on its market price, unless otherwise established by the laws of the Republic of Kazakhstan.
In the Order of the Minister of Justice of the Republic of Kazakhstan dated February 25, 201, no...., On some issues of evaluation activities in paragraph 12. Section 4 "The final part of the report" contains the final conclusion on the value of the object. The total value of the valuation object is expressed in the currency of the Republic of Kazakhstan (tenge) and is shown as a figure rounded to one thousand tenge with a written explanation of the amount in parentheses.
The total value of the valuation item indicated in the valuation report is considered recommended for the purposes of making a transaction with valuation items if no more than six months have passed from the date of the valuation report to the date of the transaction with the valuation item or the date of submission of the public offer.
Form - Amendments and clarifications to the application for appealing the actions of the CSI Regarding the recognition of the auction (bidding) as invalid
Thus, we consider that a private bailiff did not have the right to send for auction real estate located at Almaty, Medeu district, ul. ..., d...., owned by gr. ..............., since the market value of real estate the property on the date of the auction could have a different price, in turn, AuctionOne LLP, which conducted the auction, should not have put up for auction and accepted applications. On the grounds of the above and in accordance with art. 169 of the CPC RK,
I ask the Court:
HSI Resolution ................. on the re-transfer of seized property for sale dated 31.12.201.... the year should be declared invalid.
To recognize the auction conducted by AuctionOne LLP on February 23, 201..... year, for the sale of the only housing owned by gr. .............. located at the address of Almaty, Medeu district, ul......, 39. for 10 281 440 tenge invalid.
Sincerely, Proxy Representative ______________/ Sarzhanov G.T. "____"___________20__ the year.
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