Petition to the court of first instance for the annulment of the Arbitration Award
To Court No. 2 Uralsk, West Kazakhstan region
070204@sud.kz
from the Defendant: ......... IIN .............. Atyrau region,
r..........., pic.............., street..............№
17 +7 778 934 41 36
Plaintiff: Karyz-Loans LLP, represented by CEO Zhukhanov
Zhuldyzgali Sulimanovich's BIN: 160340001733
Request for annulment of the arbitration award
On April 22, 2020, the permanent International Arbitration for the West Kazakhstan Region (hereinafter referred to as the Arbitration), consisting solely of the presiding arbitrator, T.S. Dzhumagalieva, in a closed meeting at the Arbitration building located at 167 Abulkhairkhan Ave., Uralsk, having considered the arbitration case №............. according to the statement of claim of Karyz Loans LLP (hereinafter referred to as the Plaintiff) to ............ ( hereinafter referred to as the Defendant) on the recovery of the amount owed., DECIDED: the claim of Karyz Loans LLP to ........... about collecting the amount of debt - partially satisfy: Collect from ............. in favor of Karyz-Loans LLP, the amount of debt in the amount of 143,000 tenge, of which: 110,000 tenge - the principal debt, 33,000 tenge - remuneration; Collect from ................. in favor of Karyz Loans LLP, the amount of the arbitration fee in the amount of 4,620 tenge and the registration fee in the amount of 13,255 tenge will be collected in total 160,875 tenge.
We disagree with the Arbitration decision on the following grounds: on August 09, 2018, the Plaintiff and the Defendant entered into an Agreement no. Atyrau Privokzalny-05676 on the provision of a loan (hereinafter referred to as the Agreement), according to which the Plaintiff provided the Defendant with a loan in the amount of 110,000 tenge for a period of September 08, 2018, on a one-to-one repayment basis. Petition to the court of first instance for the cancellation of the decision __ on April 2020, I sent to Arbitration a response to the statement of claim stating that I did not agree with the amount of recovery of Karyz Loans LLP for the following reasons:
Petition to the court of first instance for the annulment of the Arbitration Award
The plaintiff in his statement of claim indicates that the subject of their partnership's activities is the provision of loans, financial services, and the partnership is registered with the Ministry of Justice of the Republic of Kazakhstan as other types of lending.
In addition, the Plaintiff also points out that their lending activities are not subject to licensing and are only regulated by articles of the Civil Code of the Republic of Kazakhstan. In addition, the Contract names the Plaintiff's official Internet resource, ashttps://qaryzzaim.kz, where they directly invite citizens to sign a loan agreement with them with payment of remuneration.
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