Petition to the Specialized Interdistrict Economic Court for clarification of the judicial act
Specialized Inter-district Economic Court of Almaty
050008, Almaty, ul. Baizakova, 273 B
8 (727) 333-10-70
020203@sud.kz
from the Defendant: M.B.G. LLP
BEAN....
194 B street, Almaty, 10th floor, office 1009
+7 705 …
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 petition
on the clarification of the judicial act
On March 11, 2024, having considered the plaintiff's application for securing a claim in civil case No. 7527-24-00-2/2745 on the claim of the limited liability partnership "T.With a "request to the defendant, the limited Liability Company M.B.G.," for the recovery of the amount owed, the Court Determined that the plaintiff's request for securing the claim should be satisfied.
Thus, on the basis of the court Ruling of March 11, 2024, the CHSI of Almaty Tauekelov Kairat Tanirbergenovich imposed encumbrances (Arrest) on April 17, 2024 on the only settlement account KZ286017.... (KZT) in JSC Halyk Bank of Kazakhstan, through which employee salaries are paid and tax obligations of the legal entity M.B.G. LLP are transferred, as evidenced by the Account Statement for the period from 16-04-2023 to 17-04-2024.
The court also stated in the ruling that, according to paragraphs 1, p. 1 art. 156 Measures to secure a claim may be: 1) seizure of property belonging to the defendant and held by him or other persons (with the exception of seizure of money held in the correspondent account of a bank, a branch of a non-resident bank of the Republic of Kazakhstan, and property subject to repo transactions concluded in in the trading systems of the organizers of trades by the open trading method, or by contributions to the guarantee or reserve funds of a clearing organization (central counterparty), margin contributions that are collateral for transactions, concluded in the trading systems of the organizers of the trades using the open bidding method and (or) with the participation of a central counterparty, as well as for money held in bank accounts that receive salary amounts).
According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 2, on the adoption of interim measures in civil cases, interim measures taken by the court should not lead the defendant, a legal entity or an individual entrepreneur, to bankruptcy, disruption of normal production activities, to violation of the legitimate rights and interests of others, to promote raiding (illegal seizure of property the defendant).
M.B.G. LLP is an operating organization that has contractual obligations with other legal entities and individuals, as well as obligations to pay salaries and transfer pension, social and other contributions. Accordingly, we consider the imposition of interim measures on the current account of a small business organization to be directly contrary to the concept of the President of the Republic of Kazakhstan on supporting small and medium-sized businesses.
In accordance with paragraphs 1, paragraph 2, Article 32 of the ZRK On Enforcement Proceedings and the Status of Bailiffs, it is stipulated that when measures are taken to ensure the execution of enforcement documents, seizure of the debtor's property, including money and securities held by him or other individuals or legal entities (with the exception of banks and organizations, performing certain types of banking operations, as well as insurance organizations).
However, despite all of our above-mentioned arguments and letters, requests to withdraw from the above-mentioned current account of the arrest categorically ignores, citing their arguments and arguments.
Guided by Articles 237. of the CPC RK, "Clarification of the decision", where it is stipulated: in case of ambiguity of the decision, the court that reviewed the case has the right, at the request of the persons participating in the case, as well as at the request of the bailiff, to clarify the decision without changing its content. Clarification of the decision is allowed if it has not yet been enforced and the time period during which the decision can be enforced has not expired. The court considers and resolves the application, the petition for clarification of the decision within ten working days from the date of their receipt by the court. The issue of explaining the decision is resolved by the court in a court session. The persons participating in the case, as well as the bailiff, in cases where the subject of consideration and resolution is his request for clarification, are notified of the time and place of the court session, however, their failure to appear is not an obstacle to consideration of the issue of clarification of the decision. A private complaint may be filed against the court's ruling on clarification of the decision, or a motion may be filed by the prosecutor with the court of appeal, whose decision is final. As well as the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 5. "About the court decision",
On the grounds of the above and in accordance with art. 237 of the CPC RK,
I ASK THE COURT:
o Provide a written explanation of the ruling you adopted on March 11, 2024 in civil case No. 7527-24-00-2/2745 on whether the CSI has the right to impose encumbrances on the current account of an existing legal entity from which obligations to pay salaries and transfer pension, social and other tax deductions are fulfilled.
With respect,
Proxy Representative Lawyer:
_____________/Sarzhanov Galymzhan Turlybekovich
"___"___________2024 G.
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