Leaving claims for debt collection without consideration
In your proceedings, there is a civil case No. 2-61/2014 on the claim of AlmatyEnergoSbyt LLP against the Russian Railways for the recovery of the amount owed. During the trial, the Plaintiff motivates his claims by the fact that since 06/04/2011, a public electricity supply contract for household subscribers has been put into effect. On the part of the plaintiff, the obligations assumed under the contract have been fulfilled in full, that is, the plaintiff provides electricity to the facility located at 10 Z Street, Almaty, and therefore, a personal account No. 3221504 has been opened in the name of IS.V. According to the Purchase and Sale Agreement dated 05.04.2007, the above-mentioned property is registered on the right of private ownership for gr. In accordance with Article 189 of the Civil Code of the Republic of Kazakhstan, "The owner bears the burden of maintaining his property, unless otherwise provided for by legislative acts or a contract, and cannot unilaterally shift such burden to a third party." In accordance with clause 5.4. of the Agreement, the subscriber is obligated to pay for the consumed electric energy monthly until the last day of the current month. The defendant does not fulfill his duties, does not make the payment in full, and therefore a debt has been incurred. The defendant has not voluntarily repaid the amount of debt to date and, as of 12.10.2013, amounts to 522,502.15 tenge, including a fine in the amount of 589.76 tenge. At the hearing, the plaintiff's representative, D.Zh. Zhandosov, supported the claims and asked them to be satisfied, taking into account the fact that on 06.12.2013 the defendant partially repaid the amount of debt in the amount of 341 715.15 tenge. Thus, they ask to collect from the defendant the balance of the debt in the amount of 180 787 tenge, the state duty in the amount of 15 675 tenge.
Leaving claims for debt collection without consideration
Dear court, we do not agree with the above arguments of the plaintiff, since in accordance with the loan agreement No. 1905 dated 26.03.2007, Kazkommertsbank JSC provided a loan in the amount of 780,000 (seven hundred and eighty thousand) US dollars for the period from 29.03.2007 to 29.03.2037. In order to ensure the fulfillment of obligations under the Russian Railways loan agreement, according to Mortgage Agreement No. 716 z/r dated 07/22/2007, real estate in the form of a residential building located at 10 Z Street, Almaty, was provided as collateral to Kazkommertsbank JSC. Due to the overdue debt, the plaintiff demanded that the defendant fulfill all obligations under the loan agreement ahead of schedule by sending a request for early repayment of the entire amount owed. Due to the defendant's improper fulfillment of obligations under the loan agreement, the plaintiff filed a lawsuit to recover the entire amount of debt from the defendant and foreclose on the mortgaged property. By the decision of the Aezovsky District Court of Almaty No. 2 dated 07/20/2009, the claims of Kazkommertsbank JSC were partially satisfied. The court decided to recover from Rahman Zh.That is, the debt in the amount of 122,403,660 (one hundred and twenty-two million four hundred and three thousand six hundred and sixty) tenge and the cost of paying the state duty in the amount of 3,672,110 (three million six hundred and seventy-two thousand one hundred and ten) tenge. The said decision entered into legal force and was sent for execution to the Administrator of the courts of the city of Almaty.
Leaving claims for debt collection without consideration
In 2012, the State Bailiff of the city territorial Department of the Department for the Execution of Judicial Acts in the city of Almaty initiated enforcement proceedings in the framework of the execution of the decision of the District Court No. -2 of the Auezovsky district of the mountains. Almaty on July 20, 2009, according to the statement of claim of Kazkommertsbank JSC to the Russian Railways for the recovery of part of the debt under the bank loan agreement, and the bailiff carried out a number of enforcement actions to enforce the court decision where the bailiff auctioned the collateral where the property was not auctioned after which the bailiff Decided to transfer in kind immovable property in the form of an apartment building with a total area of 441.00 sq.m., a living area of 271.60 sq.m., located at: Almaty, Zhetysu district, Z street, 10., owned by gr. RZH.T., at a price reduced by 20% from the initial estimate, in the amount of 45 796,947 tenge owned by Kazkommertsbank JSC. As evidenced by the Resolutions on the lifting of the seizure of property and the transfer of the debtor's property to the recoverer dated September 20, 2012 and certificates from the PSC. To date, Kazkommertsbank JSC has registered its rights to the specified real estate in the territorial body of the Ministry of Justice of the Republic of Kazakhstan - the Department of Justice of the city of Almaty. After the transfer of the Collateral to the bank's balance sheet, the Defendant left the collateral, and the collateral was a hotel for employees of the Market (Flea Market). Representatives of the bank demanded to leave the territory and set up a security guard as this place was very profitable, which the bank's employees became interested in.
You also reviewed the application of Almaty EnergoSbyt LLP for taking measures to secure the claim, which determined: To seize all movable and immovable property of the defendant of the Russian Federation, wherever it is and in whatever form it is expressed, within the stated amount of claim in the amount of 522,502 tenge. Article 188 of the Civil Code of the Republic of Kazakhstan provides for the "Concept and content of ownership rights", which in paragraph 5 of the Article provides for the Right of ownership indefinitely. The right of ownership to property may be forcibly terminated only on the grounds provided for by this Law. The Code, as indicated in paragraphs 2, p. 1, Article 249 of the Civil Code of the Republic of Kazakhstan explains the "Grounds for termination of ownership" The right of ownership is terminated when the owner alienates his property to other persons, the owner renounces the right of ownership, the death or destruction of property and loss of ownership of property in other cases provided for by legislative acts. Compulsory alienation of property from the owner is not allowed, except in the following cases: foreclosure on property under the obligations of the owner. Article 189 of the Civil Code of the Republic of Kazakhstan, "The burden of maintaining property" stipulates that the owner bears the burden of maintaining his property, unless otherwise provided by legislative acts or a contract, and cannot unilaterally shift such a burden to a third party.
Based on the above, and guided by the Regulatory legal acts of the Republic of Kazakhstan, the court was asked to: Refuse to satisfy the claims of AlmatyEnergoSbyt LLP against the Russian Railways, to recover the amount of debt in the amount of KZT 196,462; To cancel the Decision of 06.11.2013 on taking measures to secure the claim. On September 18, 2018, the District Court no.2 Auezovsky district Almaty, under the chairmanship of Judge M.A. Kokambekova, with secretary K.A. Shpekbayeva, having considered in open court the civil case on the claim of AlmatyEnergoSbyt LLP against the Russian Railways for the recovery of the amount, On the basis of the above and guided by paragraph 4 of art.277, art.268-269 of the CPC RK, the court DETERMINED: The civil case against AlmatyEnergoSbyt LLP" to the RVT about the recovery of the amount - to stop the production. In addition, on September 18, 2018, the District Court no.2 Auezovsky district of Almaty, having considered in open court the statement of Rakhman Zh.K. 160, 268 of the Civil Procedure Code of the Republic of Kazakhstan, the court ORDERED the Seizure of all movable and immovable property of the defendant, wherever it was and in whatever form it was expressed, within the stated amount of claim in the amount of 522,502 tenge - to cancel. The execution of this definition is entrusted to the Department for the Execution of Judicial Acts of Almaty.
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