Petition to the court for the involvement of a specialist
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To Almaly District Court No. 2, Almaty, Republic of Kazakhstan, Almaty, Tole bi str., 267.
Applicants: __________________ IIN __________________
Representative Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T.Almaty,
Bukhar zhyrau, 64, office 15. + 7 (708) 578 57 58.
THE PETITION
about attracting a specialist
Q, you have a civil case 7514-18-00-2/9239 dated 01.10.2018 on the Complaint of Tsesnabank JSC (hereinafter referred to as the Applicant) against the actions of a private bailiff ____________________., ( Hereinafter referred to as the Defendant) where the applicant motivates his arguments, stated in the Complaint.
We do not agree with the arguments of Tsesnabank JSC, and we consider them groundless and left without consideration on the following arguments: Due to the improper execution of the decision of the Bostandyk District Court of Almaty, the Bostandyk District Court of Almaty issued a writ of execution for No. 7514-17-00-2/4169-1 on recovery from ___________________ in favor of JSC "___________________" the amount of debt in the amount of 14,906,301 tenge, the cost of paying the state fee in the amount of 447,189 tenge, on the basis of which the Private Bailiff of the Regional Chambers of private bailiffs Almaty, ___________________ Zh.K., enforcement proceedings were initiated no.89/18-75-4602 dated July 30th, 2018. On August 13, 2018, an application for postponement of the execution of the court decision was sent to the Private Bailiff, which also indicated the intention to provide a report on the valuation of collateral from a licensed valuation company to a private bailiff, however, the private bailiff, without paying attention to this paragraph of the Application, on August 25, 2018 issued a Resolution on the participation of a specialist, according to the assessment of the seized property.
After us, on 01.09.2018, a corresponding Application was sent to the CSI to cancel the Resolution on the participation of a specialist in the assessment of seized property dated August 25, 2018 and to issue a new Resolution on the participation of a specialist in the assessment of seized property, where to entrust the assessment of the seized collateral to the Debtor. 03.09.2018 to us from HSI ___________________., We received a letter where we were instructed and will explain by September 10, 2018, to provide an assessment report on collateral from any independent appraisal company. If the property assessment report is not provided within the specified period, the assessment will be carried out on the basis of the bailiff's decision independently, with the involvement of an appraisal company. Based on the letter of the CSI, we conducted an assessment that was assigned to the Appraisal Company LLP "__________________", which conducted surveys of the valuation object on 12.09.2018 and submitted a Report for No.138 dated 13.09.2018, where the estimated value of the collateral was 102,844 583 tenge, which was sent in the original on 18.09.2018 to the CSI. The applicant mainly bases his arguments on the fact that the Bank's specialists, who are not current specialists in the field of valuation, have analyzed the assessment report prepared by the LLP "__________________" The following comments to the evaluation report were found to be identified. In the calculation part of the comparative method, adjustments were incorrectly applied (the area adjustment was applied with a plus to the collateral of the Bank, and also represents high indicators at a time when the adjustment should be negative). The condition of the object was also not taken into account (according to the photographic material, the estimated residential building was partially without exterior decoration), moreover, analogues were selected from the highest range of prices, which does not reflect the objective market value of the object, and therefore "the assessment report is unreliable.
We do not agree with the Applicant's arguments, as we have not found a conclusion or professional opinion of a specialist and/or a competent person in the field of evaluation activities in the materials of the civil case. These arguments of the Applicant's representative are a LAWYER by training, cannot be competent and/or a specialist in Evaluation activities. In this regard, we consider that the Applicant's arguments are unfounded and groundless. Taking into account all the above circumstances, we consider it necessary to involve a specialist who will help to understand the validity, reliability, of the assessment report by the assessment company on which the Applicant justifies his claims without justification. In accordance with Parts 1, 2, 5 of art. 82 of the CPC RK: "An expert examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert on the basis of special scientific knowledge"; " The presence in the case of acts of audits, inspections, conclusions of departmental inspections, as well as written consultations of specialists, appraisers' reports, does not replace the expert's opinion and does not exclude the possibility of appointing a forensic examination on the same issues"; "Persons involved in the case may ask the court to entrust the examination to a specific person with the necessary special scientific knowledge". As a specialist, I propose a candidate __________________, who is the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises, Head of appraisal companies. It is located at 157 Abaya Ave., office 18, Almaty. Tel: 8727 250 95 76, 250 75 84, 8 705 555 38 30. The defendant shall bear the legal costs associated with the participation of a specialist in the consideration of the case.
Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan,
I ask the Court:
1. To involve in the Civil case as a specialist the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises,
Head of Mr.'s appraisal companies __________________;
2. Assign the specialist's court costs to the defendant.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________20__ the year
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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