Petition for restoration of the time limit for filing an Appeal against a simplified court decision
To the court No. 2 of Aktau city in the Manigistau region
to Judge G.S. Sakhanova.
From the Defendant: Yu.I.E.
IIN .
Almaty, Suyunbaya ave., 24 sq. m.
8 701 .....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 5758; +7 727 971 78 58.
The plaintiff: R S S
IIN .
Aktau, md.
8 701 ....
The petition
on the restoration of the time limit for filing an Appeal
on a simplified court decision
On November 11, 2024, Court No. 2 of Aktau, Mangystau region, consisting of: the presiding judge, G.S. Sakhanova, considered in open court the civil case No. 4711-24-00-2/3819 on the claim: Zinaida Stepanovna Reznichenko (dale The Plaintiff) to the Defendants: Limited Liability Company "S. Dent" (hereinafter referred to as Respondent–1), and Yu.I.E.; (hereinafter referred to as Respondent-2). Third parties: The Republican State Institution "Department of the Committee for Medical Pharmaceutical Control of the Ministry of Health of the Republic of Kazakhstan for the Mangystau region", - on compensation for damages, the court DECIDED:
To partially satisfy the claim of R. Z. Stepanovna to the limited liability partnership ". Dent" and Yu.I.E. for damages.
To recover from ". Dent" LLP and Yu.I.E. in solidarity in favor of R. Z. Stepanovna moral damage in the amount of 1,000,000 tenge.
To collect from the limited liability partnership "S.Dent" in favor of Zinaida Stepanovna Reznichenko court costs in the amount of 100,923 tenge.
To collect from Yu.I. Evgenievich in favor of R. Z. Stepanovna court costs in the amount of 100,923 tenge.
The rest of the claim must be dismissed.
We filed an appeal against the court's decision within the time limits set by law, but subsequently we withdrew the appeal for addition and subsequently, after the expiration of the appeal period, we re-filed the Appeal.
In accordance with paragraph 5, art. 403, of the CPC RK, appeals and the prosecutor's petition are filed through the court that issued the decision. The complaint, the petition of the prosecutor, received directly by the appellate instance, are subject to referral to the court that issued the decision in order to comply with the requirements of part two of this Article and Article 405 of this Code.
The issue of restoring the time limit for filing an appeal or filing an appeal by a prosecutor is considered by the court of first instance in accordance with the procedure provided for in Article 126 of this Code.
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. The court is obliged to restore the missed deadline specified in the second part of this article for appealing judicial acts, bringing petitions or protests by the prosecutor in case of violation of the law by the court or judicial acts limiting the possibility of a participant in the process to protect their rights and legitimate interests (late sending of a copy of the judicial act to a person participating in the case; ignorance of the language of legal proceedings, if the judicial act has not been translated into a language that the person speaks; incorrect registration of succession), as well as in the presence of other circumstances that prevented timely filing a complaint, bringing a petition or protest to the prosecutor.
An application for restoration of the missed procedural period is submitted to the court in which the procedural action was to be performed, no later than one month from the day when the applicant became aware of the violation of his rights or legitimate interests.
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.
Based on the above and guided by Articles 126, 405 of the CPC RK,
I ASK THE COURT:
· To restore the procedural deadline for filing an Appeal against the court's decision of November 11, 2024.
Law and Law Law Firm
Lawyer
Sarzhanov G.T.
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