Leaving a Statement of Claim without consideration | Debt collection | Foreclosure on collateral
The Alatau District Court of Almaty, composed of the presiding judge Ak-kuov E.M., with the secretary of the court session Kabidollaev N.A., with the participation of representatives of the plaintiff of Bank Kassa Nova JSC - Albakhanov A.A. and the defendant U.A.Zh. – Sarzhanov G.T., having considered in open court in preparation for the trial a civil case on the claim of Bank Kassa Nova JSC against U.A.Zh. for the recovery of the amount owed and foreclosure on the pledged property in connection with the non-fulfillment of the obligation secured by the pledge. Kassa Nova Bank JSC filed a lawsuit against U.. During the court session, it was established that between Kassa Nova Bank JSC and U. On 15.07.2015 and 09.06.2017, two bank loan agreements were concluded for the amount of 5,000,000 tenge each secured by real estate in Almaty, U microdistrict, ul......yrau, 33.
Leaving a Statement of Claim without consideration | Debt collection | Foreclosure on collateral
Due to improper fulfillment of contractual obligations by the borrower, the Bank filed this lawsuit with the court. At the same time, during the court session it was established that U. He did not exercise the right to refinance debt guaranteed to him by Resolution No. 69 of the Board of the National Bank of the Republic of Kazakhstan dated 04/24/2015 "On Approval of the program for refinancing residential mortgage loans". On this issue, on 26.02.2019, she contacted the Bank, but no decision has been taken. Based on the above, the court, guided by the requirements of subparagraph 1) of Article 279 of the CPC, considers it possible to leave the statement of claim without consideration, since the plaintiff did not comply with the pre-trial dispute settlement procedure established by law for this category of cases and the possibility of applying this procedure has not been lost. Based on the above and guided by the requirements of subparagraph 1) of Articles 279, 268 and 269 of the CPC, the court DETERMINED: The statement of claim of Bank Kassa Nova JSC against U.A.Zh. to leave the debt collection and foreclosure on the pledged property in connection with the non–fulfillment of the obligation secured by the pledge without consideration.
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