Petition Application to the court for the application of the statute of limitations on the Statement of Claim and to deny the stated claims
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To the Turksib District Court of Almaty to Judge Iemberdieva M.M.
Republic of Kazakhstan, Almaty, 050011, Spartak St., 11. tel: 8 727 333-13-74.
From: .............. IIN:...................... Almaty, ul............... №172
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 5755
The petition
application of the general limitation period in a civil case
There is a civil case in your proceedings No. 2-2117/2014 dated July 01, 2014 on the claim of the Bureau for Work with Debtors LLP (hereinafter referred to as the Plaintiff) to .............................. regarding the recovery of the amount owed under the bank loan agreement, they disagree with this claim on the following grounds: It follows from the documents submitted by the plaintiff that on 03.01.2007 Alliance Bank JSC and ...................., ( next, the Defendant) signed a bank loan agreement №.................., according to which the Defendant was provided with a loan in the amount of 220,000 tenge, for a period of 36 months, with payment of remuneration for the use of the loan according to the payment schedule. Petition Application to the court for the application of the limitation period
Petition Application to the court for the application of the statute of limitations on the Statement of Claim and to deny the stated claims
Dear Court, according to the materials provided by the Plaintiff and the Certificate we received from the First Credit Bureau, it is indicated in accordance with the factoring agreement №.................. the rights of claim under this bank loan agreement were assigned to the Bureau for Work with Debtors LLP, and the Plaintiff It is particularly noted that the Defendant violated his obligations, as a result of which a debt was formed, which as of 02/28/2014 amounts to 299,695.20 tenge, of which the principal debt is 107,589 tenge, remuneration is 100,275 tenge, penalty is 91,831.20 tenge. Taking into account the date of assignment of the claim dated 07/29/2011 and the date of filing the Claim in court, more than 3 years have passed and we believe the Plaintiff missed the general statute of limitations. The limitation period is the period of time during which a claim may be satisfied that has arisen from violations of a person's right or a legally protected interest, and the limitation periods and the procedure for calculating them are provided for by law and cannot be changed by agreement of the parties in accordance with art. 177 of the Civil Code of the Republic of Kazakhstan.
Provided for in Article 178 of the Civil Code of the Republic of Kazakhstan, paragraph 1. The specified General limitation period is set at three years. Also according to Art. 179. The claim for the protection of the violated right is accepted for consideration by the court regardless of the expiration of the limitation period, and the limitation period is applied by the court only upon the application of the party to the dispute made before the court's decision. The expiration of the limitation period before the filing of a claim is the basis for the court's decision to dismiss the claim. 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 court and that everyone, in determining his civil rights and obligations have the right to a fair and public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above, we believe that we have correctly calculated the general limitation period and the Court's decision should be made in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account all the above circumstances.
Petition Application to the court for the application of the statute of limitations on the Statement of Claim and to deny the stated claims
Based on the above, I ask the Court to take into account the difficult financial situation of the defendant and the unreasonable inaction of the Bureau for Work with Debtors LLP for a long time, and what led to the expiration of the statute of limitations and to make a decision in accordance with the principles of good faith, reasonableness and fairness.
I ASK THE COURT:
To apply, generally, the statute of limitations and in the satisfaction of the Claim of the LLP "Bureau for Work with Debtors" to .................. to refuse to collect debts under a bank loan agreement.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________ 2020
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