Petition to the court in a civil case for the extension of the general limitation period
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To the Medeu District Court of Almaty to Judge Bekbatyr G.Sh. Republic of Kazakhstan, Almaty, 050016, Nusupbekov St. 34.
from: T.O.I.. IIN: №..... 8 701 ..... Almaty, S..... str., 498/204, 204 office, Business center ".....".
Proxy representative: Sarzhanov Galymzhan Turlybekovich IIN: 850722301036. Almaty, Medeu district,
050002, Zhibek Zholy ave., 50, office 202, Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
The petition
application of the general limitation period in a civil case
In, your proceedings have pending civil case No. 7517-17-00-2/29748 dated 16.11.2017, on the claim of Special Financial Company Finance LLP against T.O.I. for debt collection under a bank loan agreement, they disagree with this claim on the following grounds: From the documents submitted by the plaintiff, it follows that on 26.09.2006 Alliance JSC The Bank (now ForteBank JSC) and T...O.I. (hereinafter referred to as the Defendant) concluded a bank loan agreement No. 1417-EK-986489/2006, according to which the Defendant was granted a loan in the amount of 516,758 tenge, for a period of 36 months, with payment of remuneration for the use of the loan according to the payment schedule. 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 No. 5.5.-16-31/934-2011 the rights of claim under this bank loan agreement were assigned to Spektr-Collect LLP, which was later renamed SPECTRUM Finance LLP, based on Supplementary agreement No.5.516-3-1/934-2011/1 dated 26.09.2011. On 24.10.2011, SPECTRUM Finance LLP, under the securitization assignment agreement, ceded the right of claim under the Special Financial Company Finance LLP agreement (hereinafter referred to as the Plaintiff), and the Plaintiff emphasizes that the Defendant violated its obligations, did not repay the loan, resulting in a debt that, according to As of 06.06.2017, it amounts to 1,235,731.60 tenge, of which the principal debt is 392,737 tenge, remuneration is 634,628 tenge, and penalty is 208,366.60 tenge.
Petition to the court in a civil case for the extension of the general limitation period
Taking into account the date of assignment of the claim dated 24.10.2011 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. 179. The claim for the protection of a 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 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, 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. Based on the above, I ask the Court to take into account the difficult financial situation of the defendant and the unreasonable inaction of Special Financial Company Finance 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, in general, the statute of limitations and to refuse to satisfy the Claim of the LLP "Special Financial Company "Finance" to the T.O.I. on debt collection under the bank loan agreement.
Sincerely, 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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