Private complaint against the ruling of the district court
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To the Board of Appeal for Civil Cases
Almaty City Court
Almaty, 050000, Kazybek Bi street, 66. 0201@sud.kz
from the Plaintiff: N.M.M. IIN .......
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 50 85; +7 700 978 50 85.
Private complaint
on the ruling of the Medeu District Court of Almaty dated December 23, 2021
On December 23, 2021, Judge Ardakeldi N. of the Medeu District Court of Almaty, having considered civil case No. 7517-21-00-2/8159 on the claim of N.M.M. to R.A. on debt collection, determined to cancel the absentee decision of the Medeu District Court of Almaty dated June 11, 2019 on the civil claim of N.M.M. (hereinafter referred to as the Plaintiff) to R.A. (hereinafter referred to as the Defendant) for the recovery of the amount. During the consideration of this case, the court found that the claims were satisfied by the absentee decision of the Medeu District Court of Almaty dated June 11, 2019. In the application, the defendant asked the court to cancel the decision in absentia, stating that he was not properly notified of the trial, learned about this court decision on December 14, 2021, he lives permanently at the address mentioned in the claim and has not received any subpoenas, moreover, he does not agree with the amount of the penalty. He believes that this fact is the basis for the cancellation of the court's decision in absentia. However, Dear Board of Appeal, we consider it illegal, unjustified and subject to cancellation on the following grounds: According to Article 264 of the CPC, the defendant has the right to file an application for cancellation of this decision with the court that issued the decision in absentia within five days of receiving a copy of the decision. The defendant was duly notified of the court proceedings and was aware of this absentee decision. More than 2 years have passed since the decision was made in absentia. A notification was sent to the defendant from the HSI from the debt, restrictions were set.
Private complaint against the ruling of the district court
Accordingly, we consider the cancellation of the absentee decision by the Court of First Instance to be illegitimate. In accordance with Part 1 of Article 429 of the CPC RK, a private complaint may be filed against the ruling of the court of first instance in the cases provided for by this Code, as well as in cases where the court ruling blocks the possibility of further movement of the case, and a petition may be filed by the persons specified in Article 401 of this Code. Based on the above and in accordance with Articles 264, 429 of the CPC RK, I ask the Court:
The ruling of the Medeu District Court of Almaty dated December 23, 2021 – to cancel.
Sincerely, Proxy Representative __________/ Nurlanov N.N.
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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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