Form - Amendments and clarifications to the statement of claim for the release of property from seizure
To the Zhetysu District Court of Almaty
To the judge ...........
286 Seifulina str., Almaty, Republic of Kazakhstan.
Tel.: 8 (727) ...-..-.., 8 (727) ...-..-..
Email address:
727-3861@sud.kz
From sole proprietor ...........
IIN: …………
Address: Almaty, pr. ............., sq . m ...
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave., 50, Business center Block, office No. 202.
sgt.kz@mail.ru,
tel.: 8 707 (708) 578 57 58 ( WhatsApp/Viber).
The defendants:
GU of the Department for the Execution of Judicial Acts of Almaty
address: Almaty, ind.: 050010, Zenkova str., 47.
tel.:+7 (727) 293-02-06, 291 87 62, 291-87-41
GU Territorial department of Talgar district
Department for the Enforcement of Judicial Acts of the Almaty region
Talgar, Gagarin St. 90.
Private bailiff of the executive district of Almaty.
……………
IIN .........................
Address: Almaty, Furmanova str., 65, office 609-10.
(has now ceased operations).
Private bailiff
the Executive District of the Almaty region ………………
Almaty region, g....., ul....... 153 bargaining. The Damu House
3rd floor,16-office, phone: 8 (701) ....
(has now ceased operations).
Private bailiff
Executive district of Almaty city
………….
IIN .............
address: Almaty, Abaya ave., .......
Phone: +7 7 ..........
Third parties who do not make independent claims on the subject of the dispute:
Halyk Bank of Kazakhstan JSC
BIN 960941000145
Almaty, Rozybakieva str., 101
phone: +7(727)259-00-00
Amendments and clarifications to the statement of claim
on the release of property from arrest
"22" November 200.. a year ago, a bank loan Agreement No. ... was concluded between IP....... and JSC Halyk Bank of Kazakhstan in the amount of 1,920,000 (One million nine hundred and twenty thousand) tenge. The collateral of the gr acted as security for the fulfillment of obligations under the bank loan agreement.. .............., the only dwelling is a studio apartment located at the address: Almaty, ul. .............., d........... Q14, Unfortunately, due to the global crisis, due to financial difficulties on the part of gr. ………...... (An old-age pensioner) made late payment of debt obligations, and the bank recognized her as a problem borrower. "28" November 201.. An open court session was held in the Specialized Interdistrict Economic Court of Almaty, in which a decision was made in absentia (the case № 2–.......), according to the claim of Halyk Bank of Kazakhstan JSC against the defendant IP ............. about debt collection.
Claims of Halyk Bank of Kazakhstan JSC against the defendant IP ..........., about debt collection – satisfied. In connection with the non-execution of the court decision, by a private bailiff of the executive district of Almaty., located at the address of Almaty, Furmanova str., ....., ....., enforcement proceedings were initiated for No....... from 04/01/2011..year on the basis of the writ of execution for No.... dated 10.01.201..., issued by the Specialized Interdistrict Economic Court of Almaty. During the execution of the enforcement proceedings, a Private bailiff issued and authorized the SMEC of Almaty,
The resolution on the seizure of property, namely the collateral property located at the address Almaty, Zhetysu district, ul. ............., d............. sq.14, as well as for non-pledged assets immovable property, namely on a land plot located at the address Almaty region, ..... district, S. ........., 199, and to all accounts held in second-tier banks. However, the absentee decision of 15.01.201... of the SMEC of Almaty was canceled and the case against the claim of JSC Halyk Bank of Kazakhstan was considered on the merits and an in-person decision was made by the SMEC of Almaty. Almaty dated 12/28/2011... Case No...., as evidenced by the court's decision in appendices.
Form - Amendments and clarifications to the statement of claim for the release of property from seizure
After the cancellation of the decision in Absentia, the Private bailiff of the executive district of Almaty......., according to art. 47., the Law of the Republic of Kazakhstan On Enforcement Proceedings and the status of Bailiffs., was obliged to terminate the enforcement proceedings and simultaneously cancel all enforcement measures. Namely, the Resolution sanctioned in the Specialized Interdistrict Economic Court of Almaty on the seizure of property dated 04/24/2011 ... of the year.
According to Article 10 of the above-mentioned law regulating the activities of bailiffs, it shows that the head of the territorial department of bailiffs has the right to independently cancel the decision, including on the basis of a court act or a prosecutor's protest.
This happens if it is issued in violation of the requirements of the law, violates the rights and legitimate interests of the parties to the enforcement proceedings, In connection with which we have sent an Application to the Regional Chamber of Private Bailiffs of Almaty, for the cancellation of the decision of the CSI., ...... for cx. no.... from30.10.201... year. where was the answer for ex. No.... dated 11/13/2011... stating that CHSI....... is not a member of the Republican Chamber of Private Bailiffs, and has now ceased to operate as a private bailiff.
On 22.05.201... as part of the enforcement proceedings, the Territorial Department of the Talgar district of the Department for the Enforcement of Judicial Acts of the Almaty region, by Resolution No. b/n dated 24.04.201..., seized real estate ...... located at the address Almaty region, .... district, .... rural district, ul. ......., D. 199. (.........). 05.12.201…. year of the State Department for the Enforcement of Judicial Acts of Almaty by Resolution No.... on 05.12.201... he seized real estate ....... located at the address of Almaty, .... district, pr. .., d. ........., sq. 14. (RKA.....). 02/03/2011.. a year in the framework of enforcement proceedings by the Bailiff of the Karasai territorial Division of the gr………… By Resolution no.... dated 02/03/2011... encumbrances were imposed on immovable property ........ located at the address: Almaty, Zhetysu district, ave. ...., d......, sq. 14. (RCA1..................). 15.07.201….. a year in the framework of enforcement proceedings by a private bailiff of the executive district of Almaty ............ Resolution No. b/n dated 07/15/2011... imposed encumbrances on real estate .................. located at the address of Almaty, Zhetysu district, ave. .................., D. .................., sq. m. 14. (RKA.....................).
Today, thanks to the support and foresight of our Nation's Leader. Nursultan Nazarbayev, the Guarantor of statehood and defender of all citizens of the Republic of Kazakhstan, was instructed to adopt a program for refinancing mortgage housing loans/mortgage loans for his compatriots in need. gr. ………....., belongs to socially vulnerable segments of the population (retired by age) and according to all criteria, it falls into this refinancing program, and the Authorized Body of the Bank reviewed and decided to approve the refinancing of problem debts under the State Program for Refinancing residential Mortgage loans.
Form - Amendments and clarifications to the statement of claim for the release of property from seizure
In order to complete and conclude a bank loan agreement under the state program, it is necessary to remove the encumbrances imposed as collateral for a claim against property and accounts of the Civil Code of the Republic of Kazakhstan. According to art. 31. CPC RK, Claims for rights to land, buildings, premises, structures, and other objects firmly connected with land (real estate), for the release of immovable property from arrest is presented at the location of these objects. If the real estate objects are located in different localities, the claim is filed in court at the location of one of the objects. Based on the above, guided by Article 26 of the Constitution of the Republic of Kazakhstan, Article 191 of the Civil Code of the Republic of Kazakhstan, Articles 31, 250, 251 of the CPC RK,
I ask the Court:
Repeal Resolution No. b/n dated 04/24/2011.. of the year of the GU of the Territorial Department of the Talgar district of the Department for the Enforcement of Judicial Acts of the Almaty region on the seizure of property located at the address Almaty region, Talgar district, ................. rural district, ul. ................., D...... (RKA.......................);
Repeal Resolution No.... dated 05.12.201... of the State Department for the Enforcement of Judicial Acts of Almaty on the seizure of property ........ located at the address of Almaty, Zhetysu district, ave......, d....., sq. 14. (RKA....................).
Repeal Resolution No..... from 04/24/2011..... year of the Private bailiff of the executive district of Almaty, ......... on the seizure of the property of the gr. ..............,. located at the address of Almaty, Zhetysu district, ave. ................ D. ............., sq. 14. (RKA....................).
To cancel the Decree on the seizure of funds held in the settlement account No. b/n dated 05.03.201..... year of the Private bailiff of the executive district of Almaty, gr. ..............,
Repeal Resolution No....... from 02/03/2011.... year of the Private Bailiff of the Executive District of the Almaty region ................. on the seizure of property ................. located at the address of Almaty, Zhetysu district, ave. .........., D....., sq. 14. (RKA.........).
Repeal Resolution No. b/n dated 07/15/2011.. the year of the Private bailiff of the executive district of Almaty ....... on the seizure of the property of the gr............ located at the address of Almaty, Zhetysu district, ave. ..........., D. 153/28, sq. 14. (RC....).
Sincerely, Proxy representative: _________________/Sarzhanov G.T. "____"___________20__ the year.
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