Recovery of part of the debt under a bank loan agreement | Civil lawyer | Cancellation of a court decision rendered in a simplified procedure.
District Court No. 2 of the Auezovsky district of the mountains. Almaty, composed of the chairman, Judge A.K. Zhirenchin, with secretary Zh. Tusupbaeva, with the participation of a representative of the defendant, G.T. Sarzhanov, a representative of Forte Bank JSC, having considered in open court in the city.Almaty statement of the defendant R.J.T. on the cancellation of the decision rendered in a simplified procedure in a civil case on the claim of JSC Forte Bank against the Russian Railways for the recovery of part of the debt under the bank loan agreement,- ESTABLISHED: By a court decision dated 06.03.2017, the claim of JSC Forte Bank against the Russian Railways for the recovery of part of the debt under the bank loan agreement,"Satisfied." The defendant is R.J.T. an application was filed for the annulment of the court's decision, considered in a simplified procedure, on the grounds that she was not notified of the receipt of the statement of claim and consideration in a simplified procedure, therefore she could not provide feedback and evidence that may affect the content of the decision. At the hearing, the representative of the defendant, Sarzhanov G.T., supported the statement. At the hearing, the representative of Forte Bank JSC supported the statement.
Recovery of part of the debt under a bank loan agreement | Civil lawyer | Cancellation of a court decision rendered in a simplified procedure.
According to paragraph 2 of Article 147 of the Civil Procedure Code of the Republic of Kazakhstan, the defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. Considering that the defendant, for valid reasons, did not provide a written response and objections that could affect the content of the decision, the court considers it possible to reverse the decision and consider this case in the order of claim proceedings. Based on the above, guided by Articles 147.263 of the Civil Procedure Code of the Republic of Kazakhstan, the court determined: To satisfy the application of the defendant R.Zh.T. for the cancellation of the decision rendered in a simplified court proceeding in a civil case on the claim of Forte Bank JSC against the Russian Railways for the recovery of part of the debt under the bank loan agreement,- to satisfy. To cancel the court's decision of 03/06/2017 rendered in a simplified procedure.
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