Petition for return without consideration of the statement of claim
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Semeysky City Court of the East Kazakhstan region,
to the judge ______________________
071400, Semey, ______________________
8 (7222) _________, ___________
from the Defendant: ______________________
IIN: ______________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE PETITION
on the return and abandonment of the claim without consideration
Q, is there a civil case in your case № ______________________ from __.10.20__ of the year according to the claim of JSC "______________________" to an individual entrepreneur ______________________, ______________________, ______________________, ______________________ on the recovery of the amount of debt and foreclosure on mortgaged property. When reviewing the materials of the civil case and the attached documents to the Statement of Claim, we did not find an Additional Agreement no. ____ dated __.05.20__ to the Framework Agreement of the Bank Loan №______________________ot__.10.20__ of the year concluded between JSC "______________________" and sole proprietors ______________________, which we subsequently requested from AO "______________________". When examining the above-mentioned document from the bank, we found that jurisdiction was violated in this civil case, since according to paragraph 1.4., Supplementary Agreement no. ___., amendments and additions were made to clause 7.4. of the Bank Loan Framework Agreement №______________________ from __.10.20__ of the year, where indicated " Paragraph 7.4 of the Agreement should be amended and read as follows: "7.4. In the event that the parties are unable to reach an agreement on claims and disputes within 15 (fifteen) calendar days from the date when one of the parties first notifies the other party of such claims and disputes, all disputes, disagreements, claims arising in connection with this agreement or relating to a violation of the terms of the Agreement are subject to final resolution in the International Arbitration Court "______________________" in accordance with its current regulations. The decision of the International Arbitration Court "______________________" it is final. The place of dispute resolution: The Republic of Kazakhstan, Almaty"". According to Article 32 of the Civil Procedure Code of the Republic of Kazakhstan, it is established that the Parties may, by agreement between themselves, change the territorial jurisdiction for a given case, including in cases pending before the court, This article provides for the right of the parties to change the territorial jurisdiction on the basis of an agreement between them. Such an agreement is binding on both the parties and the court and must be expressed in writing. The agreement on jurisdiction between the parties was stipulated in the concluded Supplementary Agreement No. 5 dated 05/20/20 to the Bank Loan Framework Agreement №_________________ from __.10.20__ to the contract concluded between JSC "______________" and sole proprietors ____________________, before the case is considered in court.
As stipulated in paragraphs 7, paragraph 1, of Article 152 of the CPC RK, the Judge returns the statement of claim if an agreement has been concluded between the parties in accordance with the law to transfer the dispute to arbitration, unless otherwise provided by law. On the return of the statement of claim, the judge issues a ruling in which he indicates which court the person should apply to if the case is not within the jurisdiction of this court, or how to eliminate the circumstances preventing the initiation of a civil case.
The ruling must be issued within five working days from the date of receipt of the statement of claim to the court and handed over or sent to the plaintiff with all attached documents. A private complaint may be filed against the court's ruling on the return of the statement of claim, or a petition may be submitted by the prosecutor to the court of appeal, whose decision is final. Based on the above, as well as in accordance with Articles 32, 152 of the CPC RK.
I'LL ASK THE COURT
Civil case №______________________ from __.10.20__ of the year according to the claim of JSC "______________________" to an individual entrepreneur ______________________, ______________________, ______________________, ______________________ on the recovery of the amount of debt and foreclosure on mortgaged property – to return and leave without consideration.
With respect,
representative by proxy:
_______________/ Sarzhanov G.T.
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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