APPEAL against the decision of the court of first instance
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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: LLP "......” BIN ....... Almaty, st. Zh...., 20, sq. 158.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 58 57; +7 708 578 58 57.
THE APPEAL
on the decision of the Specialized Interdistrict Economic Court of Almaty dated January 25, 2022
On January 25, 2022, the Specialized Interdistrict Economic Court of Almaty, Judge Z.O. Madybayeva, having considered the civil case No. 7527-21-00-2/9745, on the claim of the limited liability company "Protection Plus" against the defendant limited liability company "..." on recognition of acts executed and recovery of the amount, the Judge Decided: To satisfy the claim of LLP....." to LLP ...." on the recognition of acts of completed works (services rendered) executed, on the recovery of the amount of debt, on the collection of penalties - to refuse in full. We disagree with the arguments stated in the court's decision of January 25, 2022 in the civil case on the recovery of arrears and penalties. We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds:
APPEAL against the decision of the court of first instance
From the reasoned part of the court's Decision, it was established that a contract for the provision of security services No. 002-2020/VS dated January 11, 2020 was concluded between the Limited Liability Company “....” (hereinafter referred to as the Plaintiff, Contractor) and the Limited Liability Company “....” (hereinafter referred to as the Defendant, Customer). (Hereinafter referred to as the Agreement). The Contractor, on behalf of the Customer, assumed obligations to protect against unlawful encroachments and ensure public order at the facility “Multi-storey Residential Complex with underground parking “Vesnovka". Moreover, the court argues that the Plaintiff sent the Defendant a certificate of completed work on the provision of security services, the Defendant did not sign the Certificates of completed work and did not provide a reasoned objection. Thus, by virtue of clause 5.2 of the agreement, payment of the amount provided for in clause 5.1 of this Agreement is made by the Customer within 5 business days from the date of signing by the parties of the Act of Completed Work for the past month, provided that the Contractor properly provides security services (without defects) and the Contractor provides the Customer with an invoice and an invoice. If, after 3 working days, the Customer does not provide the Contractor with a written refusal to sign the Act of Completed Works for the services Rendered and does not sign it, the works and services rendered by the Contractor are considered to have been completed in full. At the same time, the court considers that the Plaintiff did not provide the court with evidence that he (the Contractor) provided the Defendant (the Customer) with payment invoices and invoices. The court does not agree with these arguments, according to the circumstances of the case, during the trial it was brought to the attention of the court that the Acts of work performed, invoices for payment and invoices from the Plaintiff, the Defendant were provided on purpose to the accounting department. This is evidenced by repeated Pre-trial claims against the Defendant, where the Plaintiff asks for existing debts and the need for repayment. In the letter for ex. No. 83 dated 09/07/2020, the defendant, in response to the claim for exodus: No. 7 dated 08/24/2020, reports that Funds are being delayed due to theft of property in a protected facility for which a criminal case has been initiated.
In this case, the Defendant initiated an inventory procedure, and after completing the inventory procedure by the end of September 2020, an act of reconciliation of offsets will be sent to the Plaintiff, taking into account damages and losses. These circumstances in the response to the claims indicate the receipt of Certificates of Completed work from the Defendant, since the acts of offsets are signed after the signing of the acts of completed work. In addition, in other complaint letters from the Plaintiff to the defendant, they write about the timely provision of certificates and there is no explanation from the Defendant about the failure to receive Certificates of completed works and invoices. Dear Board of Appeal, the fact is that the Specialized Interdistrict Economic Court of Almaty did not pay attention to the correspondence between the plaintiff and the defendant, thus superficially reviewing the materials of the civil case, made a decision with which we disagree and contradicts the norms of procedural law, thereby violating the legitimate rights of the Plaintiff. Whereas art. 72 of the CPC RK. The "Duty of Proof" stipulates that each party must prove the circumstances to which it refers as the basis of its claims – which we have proved in the statement of claim and in the attached documents. 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. However, the court, without taking into account the arguments provided with evidence, did not protect our rights, thereby helping the attackers to realize their selfish plans.
APPEAL against the decision of the court of first instance
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. In accordance with Articles 401, 402, 403, 404 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated that an appeal may be filed against court decisions that have not entered into forceccordance 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, others and persons during civil proceedings. In accordance with Articles 401, 402, 403, 404 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated that an appeal may be filed against court decisions that have not entered into force. The right of appeal against a court decision belongs to the parties and other persons involved in thThe righ of appeal against a court decision belongs to the parties and other persons involved in the case, and are considered by the appellate judicial board for civil cases of the regional and equivalent courts in a collegial composition of at least three judges of the board. Appeals are filed through the court that issued the decision. An appeal may be filed within one month from the date of the final decision, and by persons who did not participate in the trial, from the date of sending them a copy of the decision. Based on the above and guided by art. 401, 402, 403, 404 of 01, 402, 403, 404 of the CPC RK,
I ask the Court:
To satisfy the Defendant's appeal against the Decision of the Specialized Interdistrisputes #Almaty #Kazakhstan
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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