Postponement of execution of a court decision
To the Specialized Inter-district Economic Court of Almaty
050008, Almaty, ul. Baizakova, 273 B
8 (727) ...-..-.., 020203@sud.kz
The applicant: ................
INN №.............
address: Almaty, pr. .........., D.........
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibekzholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendant: In ForteBank JSC
BIN 980341000286
Republic of Kazakhstan, Almaty.
050000, Furmanova St., 100/1.
Third parties who do not declare independent
requirements for the subject of the dispute:
Private bailiff of the executive
districts of Almaty city, .......
IIN .............
Almaty, Medeu district, 050044, ave......, 50, office No....
tel.: +7 7 ..............
Statement
on the postponement of the execution of the court decision
On October 09, 20.., a bank loan agreement was signed between IP ........ and JSC Alliance Bank. No.......... in the amount of USD 240,000. The collateral for the fulfillment of obligations under the bank loan agreement was O.A. Kulish, located at the address: Almaty, pr......, d...............................
Due to financial difficulties, gr..........., There have been repeated requests in written and oral form to ForteBank JSC for the provision of any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner. In connection with the violation of the assumed obligations to repay the loan properly. On February 03, 20.., the Specialized Interdistrict Economic Court of Almaty, composed of the presiding judge, gr..........., with the participation of a representative of ForteBank JSC, a representative of the sole proprietor ........... - Sarzhanova G, having considered in open court the civil case on the claim of JSC ForteBank against the sole proprietor ........ about collecting part of the debt,
The Court decided to satisfy the Claim of ForteBank Joint Stock Company. To collect from the sole proprietor ........ in favor of ForteBank JSC a part of the debt in the amount of 27,307,500 (twenty-seven million three hundred seven thousand five hundred) tenge, the cost of paying state duty in the amount of 819,225 (eight hundred nineteen thousand two hundred twenty-five) tenge. In total, the amount of KZT 28,126,725 (twenty-eight million one hundred twenty-six thousand seven hundred twenty-five) is subject to collection. Currently in the enforcement proceedings of a Private bailiff ..........., there is a writ of execution issued by the SMEC of Almaty for No..... dated 05/04/20.. of the year on recovery from sole proprietors ......., in favor of ForteBank JSC, debts in the amount of 27,307,500 (twenty-seven million three hundred seven thousand five hundred) tenge, expenses for payment of state duty in the amount of 819,225 (eight hundred nineteen thousand two hundred twenty-five) tenge. In total, the amount of KZT 28,126,725 (twenty-eight million one hundred twenty-six thousand seven hundred twenty-five) is subject to collection.
In connection with the global crisis that has come, which was recognized by the Leader of the Nation, President of the Republic of Kazakhstan Nursultan Nazarbayev in his annual Message to the people of Kazakhstan, Where it was said /suggested to be loyal in difficult times for the people. The current difficult times did not bypass the Borrower's family, which entailed a number of undesirable and unpleasant consequences for Borrowers and their families, both financially and morally, which caused an extremely desperate state to pay off their Loan obligations.
Due to financial difficulties, Borrowers have repeatedly applied in writing and verbally to the Bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner. Due to the global crisis, able-bodied family members lost their jobs, were cut from their jobs, and at that time there were no other financial sources. Currently, the hard times are over. Today, Borrowers have gone through difficult times, as they work in the field of trade. Due to the crisis, citizens' purchasing power has fallen, where they incur losses. However, despite the crisis, the Borrower is taking all measures to improve their financial situation.
Due to the above-mentioned circumstances, the Borrowers were unable to pay according to the repayment schedule in accordance with contractual obligations. The financial situation of Borrowers is being restored as time passes. A reasoned letter was sent to the bank about the provision of installments and that the Borrowers intend to continue fulfilling their obligations and pay 100,000 tenge per month, and to improve their financial condition, they undertake in their own interests to fully cover the Loan or increase the monthly payment. The above amount is the maximum at the moment, and we have asked the Bank, in these difficult times for the Borrowers' family and the entire people of Kazakhstan, to grant a deferral/installment plan or to provide any preferential opportunities to fulfill contractual obligations and resolve the situation peacefully. However, the bank refused us.
To date, the borrower has already repaid about 1,000,000 tenge due to the execution of the court decision. Also, non-residential premises are put up for sale in order to enforce the court decision. According to the Law of the Republic of Kazakhstan On Enforcement Proceedings and the status of Bailiffs, Article 40. provides for Postponement, installment plan, change of the method and procedure of execution, indexation of the amounts awarded, If there are circumstances making the commission
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