Lifting of the arrest | cancellation of interim measures | recovery of the amount owed  

On November 6, 2013, the Specialized Interdistrict Economic Court of Almaty, having considered in open court in the courthouse a civil case on the claim of the limited liability partnership "Almaty Thermal Networks" to the individual entrepreneur K.O.A. for the recovery of amounts, decided: The claim of Almaty Thermal Networks LLP to IP K.To satisfy the OA on debt collection. Collect from IP KOA in favor of Almaty Thermal Networks LLP (Almaty, ul. Baizakova, 221, BIN 060 640 007 336, IIC KZ23 9261 8021 3990 7000, BIC KZKOKZKX in the AF of Kazkommertsbank JSC) the amount of debt in the amount of 94,328 tenge 93 tiyn, the amount for the sale of chemically treated water in the amount of 10,223 tenge 95 tiyn, penalty in the amount of 4,298 tenge 47 tiyn and in The state duty refund account is 3,266 tenge. Subsequently, the Plaintiff, as a recoverer, turned to a Private bailiff to forcibly recover the amount owed in accordance with the court decision. During the enforcement proceedings, the Debtor fully repaid the amount owed and paid for the activities of a Private Bailiff. However, the encumbrance imposed as part of securing the claim was not lifted and prevented the owner from exercising his rights to immovable property. Subsequently, the Owner applied to the court for the release of the immovable property from seizure, since an agreement for the supply and consumption of thermal energy No. 14583 dated February 01, 2011 (hereinafter referred to as the Agreement) was concluded between IP K.O.A. (hereinafter referred to as the subscriber, the defendant) and Almaty Thermal Networks LLP. According to clause 4.4. of the Agreement, it is stipulated that the subscriber, no later than the 10th of each current month, makes a payment for the thermal energy consumed during the billing period, taking into account the advance payment for the current month for contractual loads. Due to the improper fulfillment of obligations in the amount of 94,328.93 tenge as of July 1, 2013, arrears in the amount of 10,223.95 tenge were incurred for the sale of chemically treated water.

Lifting of the arrest | cancellation of interim measures | recovery of the amount owed  

According to clause 4.4. of the Agreement, it is stipulated that the subscriber, no later than the 10th of each current month, makes a payment for the thermal energy consumed during the billing period, taking into account the advance payment for the current month for contractual loads. The subscriber does not fulfill the obligation stipulated in clause 4.4. of the Agreement properly, does not make the payment in full, and in some months did not make the payment at all, resulting in arrears for thermal energy. Due to dissatisfaction with the partial fulfillment of Contractual obligations on the part of the Plaintiff, the Plaintiff filed a Claim with the court to recover the amount of debt under the contract for vacation and heat consumption, thereby on November 06, 2013, the Specialized Interdistrict Economic Court of Almaty, chaired by Judge Abilova A.A., with Secretary A. Shormakova, with the participation of the plaintiff's representative E.D.B. (acting on the basis of a power of attorney dated November 6, 2012), having considered civil case No. 2-11752/13 in open court in the courthouse, the claim of the Almaty Thermal Networks Limited Liability Partnership against the individual entrepreneur K.O.A. for debt collection was satisfied. The plaintiff also filed an Application as part of the interim measures, which the court was satisfied with the ruling and sent to the DISA of Almaty. To date, the court's decision has been fully executed and all debts to the plaintiff have been repaid, as evidenced by a corresponding letter from the Plaintiff. After the bailiff, the enforcement proceedings were returned to the Recoverer, but the encumbrances imposed under the interim measures were not lifted.

According to paragraph 1 of Article 160 of the Civil Procedure Code of the Republic of Kazakhstan, the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. In accordance with the Civil Procedure Code of the Republic of Kazakhstan, articles According to art. 31. of the CPC RK, Claims for rights to land, buildings, premises, structures, other objects firmly connected with land (immovable property), for the release of immovable property from arrest are filed 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. According to Article 264 of the Civil Code of the Republic of Kazakhstan, it provides for "Protection of the rights of the owner from violations not connected with the deprivation of possession," where the Owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.

The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by the Legislative Acts of the Republic of Kazakhstan, the Court was asked to: Cancel the ruling of the Specialized Interdistrict Economic Court of Almaty issued as part of interim measures; To remove all arrests from all movable and immovable property of the defendant IP Kulish Olga Andreevna, wherever it is and in whatever way it is expressed, within the stated amount of the claim in the amount of 108,851 tenge; The execution of this decision is entrusted to the Department for the Enforcement of Judicial Acts of Almaty. Based on the above, the Specialized Interdistrict Economic Court of Almaty, having reviewed the materials provided, canceled the Ruling on the imposition of encumbrances on real estate as part of interim measures. Subsequently, after the court ruling entered into force, the said judicial act was sent to the CSI, which in turn completely removed the encumbrances imposed on the immovable property.

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