Mediation agreement on changing the method of execution of a court decision
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
Limited Liability Partnership "________________"
in the person of the Director __________ BIN ___________.
city of Almaty, ______________. from: LLP "______" represented by the Director ________.
BIN __________
Republic of Kazakhstan, Almaty, ul. _________.
Bodys:__________
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
MEDIATION AGREEMENT
Kostanay "28" October 20___ year
In the proceedings of the Kostanay City Court of Judge Kadyrova B.I., there are materials of case no............. in a civil case №.............................., according to the application .................... to...................... on changing the method of execution of the court decision. The plaintiff................. IIN ........................, hereinafter referred to as "Party − 1" and the Defendant....................... IIN ........................, hereinafter referred to as Party - 2, have concluded this Mediation Agreement on the following: The Parties have concluded a mediation agreement on a civil case №........................, and also according to the material no................ according to the application of the -1 Party to the -2 Party for the recovery of the amount of debt in the amount of 1,070,050 tenge, where the remaining debt currently amounts to 575,050 tenge, and there is also a debt for payment for the activities of the CHSI in the amount of 160,507.5 tenge, as well as for the costs of property valuation in the amount of 30,000 tenge, for the conclusion of according to the technical inspection of the building structure of the country house building, 90,000 tenge, 930 tenge for postage. As a result, the amount owed to Party -1 amounted to 856,487.5 tenge. In order to resolve the conflict, each Side has softened its position, and the Parties want to formalize the resolution of disputes through settlement through the signing of a Mediation agreement.
Mediation agreement on changing the method of execution of a court decision
The parties (the plaintiff, the defendant and the third party) have agreed on the following:
Party-1, in connection with the conclusion of this Mediation Agreement, completely waives its stated requirements to Party-2 and undertakes to write an application to the HSI within 10 working days. ................, on termination of enforcement proceedings No........................ in connection with the conclusion of a mediation agreement.
In connection with the conclusion of this Mediation Agreement, Party-2 fully agrees that, within 2 (two) months from the date of approval by the court of the mediation agreement, it undertakes to return the remaining amount of debt under the court decision, which amounts to 575,050 tenge to Party -1.
Party -2 Undertakes to pay the amount owed for the activities of a Private Bailiff .................., which amounts to 160,507.5 tenge, to be paid after repayment of the amount owed by the court decision.
The -2 Party Undertakes the amount of arrears on the expenses of the CSI ..................., which amounts to 120,930 tenge to be paid upon confirmation by the relevant payment documents in accordance with the tax legislation of the Republic of Kazakhstan, after repayment of the amount owed by the court decision, where the balance is 575,050 tenge.
The parties were informed of the consequences of the conclusion and approval by the court of a Mediation agreement and the termination of the proceedings provided for in Articles 277-278 of the CPC RK, namely, in the event of 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.
The -1 Party to the -2 Party's application for recovery of the amount owed by a court decision in the amount of 1,070,050 tenge does not have the right to re-apply to the court for the above-mentioned Claims.
The Parties confirm that the conclusion of this Mediation Agreement does not contradict the law and does not violate anyone's rights, freedoms and legitimate interests.
The text of this Settlement Agreement has been studied and read by the Parties, the agreement is drawn up in four copies, one for each party and one copy for submission to the court for approval and storage in the materials of this civil case.
The parties, in accordance with the requirements of Articles 174-178 of the Civil Procedure Code of the Republic of Kazakhstan, request the presiding judge in the case in which this civil case is pending to approve this Mediation Agreement and terminate the proceedings, attach this Mediation Agreement to the materials of the civil case.
This Mediation Agreement is subject to execution based on the principles of voluntariness and good faith of the Parties.
If this Agreement is not voluntarily executed, it is subject to compulsory execution on the basis of a writ of execution issued by the court at the request of the person who concluded this mediation agreement.
Mediation agreement on changing the method of execution of a court decision
The party 1 __________________ The party 2 __________________ HSI .................. _______________ To the Kostanay City Court of Kostanay region To Judge Kadyrova B.I. G. Kostanay, 110000, Tauelsizdik str. 84. From the Plaintiff: ................ IIN ........................ Kostanay city, ....................... +7 ...................... from the Debtor: ................ IIN ............................ Kostanay region, Kostanay, ................................. The petition for approval of the mediation agreement In the proceedings of the Kostanay City Court of Judge Kadyrova B.I., there are materials case No................ in a civil case №................, according to the application ............. to ................. on changing the method of execution of the court decision. Currently, the parties are asking the court to rule on the approval of the Mediation Agreement and the termination of the proceedings.
The party 1 __________________ Side 2 __________________
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
