Petition for reinstatement of the term to the Court of Appeal
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District court No. 2 Almalinsky district of Almaty To Judge Tolegenov S.K.
267 Tole bi Street, Almaty, 8 (727)333-11-60 727-2872@sud.kz
from the Defendant: A.K.B. IIN.....
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 5085; +7 700 978 5085
The petition
about restoring the deadline
On December 29, 2021, the Judge of the District Court No. 2 of Almalinsky district of Almaty, Tolegenov S.K., considered in a simplified procedure a civil case on the claim of Altyn Bank Joint Stock Company (a subsidiary of China Citic Bank Corporation Limited) against A.K.B., for the recovery of the amount of debt, the Court Decided - The claims of the Joint Stock Company Altyn Bank (a subsidiary of China Citic Bank Corporation Limited) to A.K.B., on debt collection – to satisfy. To collect from A.K.B., in favor of Altyn Bank Joint Stock Company (a subsidiary of China Citic Bank Corporation Limited) the amount of debt in the amount of 5,621,460 tenge, as well as the cost of paying the state duty in the amount of 168 644 tenge. In total, 5,790,104 (five million seven hundred and ninety thousand one hundred and four) tenge will be collected. Dear Court, the defendant did not know about this court session, and she never received notifications about upcoming court sessions, thereby being unable to provide her reasoned objections. The defendant learned about the court's decision from the judicial office on 20.01.2022. Also, the defendant did not have the opportunity to familiarize herself with the subject of the claim, the nature and size of the plaintiff's claims and collect the necessary materials to protect her interests, since the decision of the Almaly District Court No. 2 of Almaty dated December 29, 2021 affects the interests of the defendant.
In addition, a state of emergency was introduced in Almaty by decree of the President of the Republic of Kazakhstan Tokayev Kassym-Jomart Kemelevich from 05.01.2022 to 19.01.2022. According to Part 1 of Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court decision are sent to the parties using means of communication that record its receipt, or are issued no later than five working days from the date of the final decision. According to Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, the defendant has the right to file with the court that issued the decision in a simplified (written) procedure, an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. An application for revocation of a decision is considered in accordance with the rules established by Chapter 21 of this Code, taking into account the requirements provided for in part two of this Article. The decision may be appealed by the parties or appealed by the prosecutor on appeal after the deadline for filing an application for revocation of this decision has expired, and if the application has been filed, within one month after the court issued a ruling rejecting this application.
Petition for reinstatement of the term to the Court of Appeal
In accordance with Part 2 of Article 126 of the CPC RK, the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. 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. 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. 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 courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by art. 126 of the CPC RK, I ASK THE COURT:
To restore the procedural deadline for filing an application for revocation of a simplified court decision dated December 29, 2021.
Sincerely, Representative by proxy _______/ Nurlanov N.N.. "___" ____________2022 the year.
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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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