Objection to a motion for recovery of damages for actual loss of time
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the district court no.2 Auezovsky district of Almaty to the Judge _______________.
from the defendant: Sole proprietor _______________ in the face of _______________ IIN 660103402108
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 727 978 5755; +7 700 978 5755
Objection
to apply for damages for the actual loss of time
During the trial, the Plaintiff filed a motion to recover damages for the actual loss of time. We disagree with this motion on the following grounds. The Plaintiff motivates his claims by the fact that the Defendant allegedly unfairly declared a deliberately unfounded dispute against the claim and deliberately delays the trial.
These arguments of the Plaintiff are untenable, since the Defendant legitimately filed a dispute against the claim, because she did not conclude a contract with the Plaintiff and learned about the trial only in September 20__, two months after the start of the proceedings. The Plaintiff also points out in the petition, "It follows from the correspondence that the purpose of postponing the trial is to deliberately delay the process." However, it is not specified in detail what kind of correspondence is in question, since the Defendant did not and does not correspond with either the Plaintiff or his representatives.
Objection to a motion for recovery of damages for actual loss of time
In accordance with paragraph 13 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated December 25, 2006 No. 9, provided for in Article 114 of the CPC, damages for the actual loss of time may be recovered by the court with reference to available materials in a civil case: - from the defendant in case of unfair statement of a deliberately unfounded objection to the claim or systematic opposition to the correct and prompt consideration and resolution of a civil case. At the same time, the actions cited by the plaintiff or the defendant must be committed repeatedly, and be intentional in nature, as they do not allow the court to resolve the case in one court session. It is worth noting that the trial is taking place in accordance with the procedural deadlines set by the CPC RK. Based on the above,
I ask the Court:
1. The Petition _______________ about collecting from sole proprietors _______________ in the face of _______________ damages for the actual loss of time – to leave without satisfaction.
Sincerely, General Director of Law Company Law and Law LLP" ________/ Kayshybekov M.E. "___" __________ 20__ G.
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.
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