Judicial recovery of documents | Dispute settlement through mediation | Enforcement of a mediation agreement

Bostandyk District Court of Almaty, composed of the presiding judge Talapova G.T., with the secretary of the court session Koishigarina D., with the participation of the plaintiff's representative, Sarzhanov G.T. (power of attorney dated May 29, 2017), the defendant's representative, lawyer Dairov A.F. (power of attorney dated October 19, 2017, Warrant No. 17423 dated November 13, 2017), having considered in open court the civil case on KBK's claim against Housing and Communal Services LLP for the recovery of documents, ESTABLISHED: The Bostandyk District Court of Almaty is conducting a civil case on KBK's claim against Housing and Communal Services LLP for the recovery of documents. During the consideration of the above-mentioned civil case from the parties: the plaintiff's representative, Sarzhanov G.T. (Party-1), the defendant's representative, lawyer Dairov A.F. (Party 2), a petition has been received for the settlement of the dispute through mediation. The parties, through mediation conducted by Judge G.T. Talapova, who is in charge of the case, came to an agreement on the settlement of the dispute (conflict) through mediation on the following terms:

Judicial recovery of documents | Dispute settlement through mediation | Enforcement of a mediation agreement

Party-1 waives its claims against Party-2 for the recovery of the documents specified in the statement of claim in full, and in the future, Party-1 will not have any claims against Party-2. 2. In turn, Party-2 undertakes to provide Party-1 with the following documents: 1) A certificate from the Ministry of Justice of the Republic of Kazakhstan on a registered legal entity (respondent), branch or representative office; 2) An agreement and/or other document concluded between the Developer of RAMS Kazakhstan LLP and Housing and Communal Services LLP for the trust management of the Koktem residential complex located at 37 T Street, Bostandyk district, Almaty. 3. This agreement is subject to execution by the Parties mediation is voluntary and based on the good faith of the Parties. All disputes and disagreements arising in connection with the implementation of this Agreement, the Parties will strive to resolve through negotiations. The parties are aware of the procedural consequences of concluding an agreement on the settlement of a dispute (conflict) through mediation. It is explained that by virtue of Part 2 of Article 278 of the Civil Procedure Code of the Republic of Kazakhstan, after the termination of the proceedings, a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds is not allowed. It is also clarified that the parties have the right to file a lawsuit for divorce on other grounds. After hearing the explanations of the parties, examining the materials of the civil case, and examining the mediation agreement, the court considers it possible to approve this agreement on the settlement of the dispute through mediation, and to terminate the proceedings on the following grounds. According to part.48 of the Civil Procedure Code of the Republic of Kazakhstan, the parties may end the case with an agreement on dispute settlement through mediation, which is signed by the parties and approved by the court.

In accordance with Article 25 of the Law of the Republic of Kazakhstan dated January 28, 2011 No. 401-IV "On Mediation", disputes between spouses regarding the continuation of marriage, the exercise of parental rights, the establishment of the place of residence of children, the contribution of parents to the maintenance of children, as well as any other differences arising in family relations can be resolved through mediation. In accordance with the requirements of art. 180 of the Civil Procedure Code of the Republic of Kazakhstan, when approving an agreement on dispute settlement through mediation, the court issues a ruling that simultaneously terminates the proceedings. The definition must specify the terms of the mediation agreement approved by the court. The court, in accordance with Part 6 of Article 277 of the Civil Procedure Code of the Republic of Kazakhstan, terminates the proceedings if the parties have concluded an agreement on the settlement of the dispute (conflict) in mediation and it is approved by the court. 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 interests of third parties, the conditions are enforceable, the court considers it possible to approve this agreement on the settlement of a dispute (conflict) by way of mediation. 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 According to the Civil Procedure Code of the Republic of Kazakhstan, the court DETERMINED: To approve an agreement on the settlement of a dispute (conflict) in the order of mediation between the parties in a civil case on the claim of KBK to LLP "Housing and Communal Services Service" for the recovery of documents - on the following conditions:

Judicial recovery of documents | Dispute settlement through mediation | Enforcement of a mediation agreement

Party-1 waives its claims against Party-2 for the recovery of the documents specified in the statement of claim in full, and in the future, Party-1 will not have any claims against Party-2.

In turn, Party-2 undertakes to provide Party-1 with the following documents:: 1) A certificate from the Ministry of Justice of the Republic of Kazakhstan on a registered legal entity (respondent), branch or representative office; 2) An agreement and/or other document concluded between the Developer of RAMS Kazakhstan LLP and Housing and Communal Services LLP for the trust management of Koktem Residential Complex, located at: Almaty, Bostandyksky district, 37 t.... street.

This agreement is subject to execution by the mediation Parties voluntarily and on the basis of good faith of the Parties.

All disputes and disagreements arising in connection with the implementation of this Agreement, the Parties will strive to resolve through negotiations. In case of non-fulfillment of obligations under this mediation agreement by one of the parties, the opposing party has the right to apply to the Bostandyk District Court of Almaty with an application for the direction of enforcement of this agreement.

This Agreement is drawn up in 3 copies in Russian, one copy for each of the Parties, one copy to the Bostandyk District Court of Almaty for approval. Explain to the parties that a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds is not allowed. To return from the state budget to the plaintiff - KBK the paid state fee to the court in the amount of 1,135 (one thousand one hundred and thirty-five) tenge. To terminate the civil case proceedings on KBK's claim against Housing and Communal Services LLP for the recovery of documents.

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