Replacement of the claimant | Debt collection | Foreclosure on collateral

The Semeysky City Court of the East Kazakhstan region, with the participation of the applicant's representative, A.P. Batyrkhanova, considered in open court the application of First Heartland Jusan Bank Joint Stock Company for the replacement of the claimant. Joint Stock Company (hereinafter referred to as JSC) First Heartland Jusan Bank filed the above statement with the court, referring to the fact that on the basis of the general meeting of shareholders of ATFBank JSC and First Heartland Jusan Bank JSC dated September 03, 2021, a voluntary reorganization was carried out in the form of ATFBank JSC joining ATFBank JSCFirst Heartland Jusan Bank". A transfer act has been drawn up on the transfer of rights and obligations, including the right to claim debts from debtors of the individual entrepreneur BST B.M.I., B.S.T., under a bank loan agreement. The applicant's representative, B.A.P., supported the application and asked for it to be satisfied. The defendants in the civil case, individual entrepreneur B.Sh.T., Musina A.M., B.M.I., B.Sh.T., private bailiff Sultanbekov T.O. did not appear at the court session, the reasons for their non-appearance are unknown to the court, therefore the court considers their non-appearance disrespectful and it is possible to consider the application without their participation. After hearing the explanations of the applicant's representative, examining all the submitted documents and materials of the civil case, the court comes to the following conclusion.

Replacement of the claimant | Debt collection | Foreclosure on collateral

It follows from the case file that, according to the transfer act dated September 03, 2021, all the rights of the recoverer of ATFBank JSC, including the right to collect debts from the above debtors, were transferred to First Heartland Jusan Bank JSC. According to Part 1 of Article 53 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), in the event of the withdrawal of one of the parties to a disputed or court-ordered legal relationship (death of a person, reorganization, liquidation of a legal entity, assignment of a claim, transfer of debt and other cases of change of persons in a disputed material legal relationship) the court allows the replacement of this party by its legal successor. The court session established that by the decision of the Semeysky City Court of December 04, 2017, the claim of ATF Bank JSC against the individual entrepreneur BSHT, BMI, BSHT for the recovery of the amount of debt and foreclosure on collateral was satisfied. The court decided: to recover from the individual entrepreneur of BST in favor of ATFBank JSC the debt in the amount of 39364133 7 tenge, the cost of paying the state duty in the amount of 1182059 tenge, a total of 40546192 (forty million five hundred forty six thousand one hundred ninety two) tenge.

Foreclose on collateral: - a store with a total area of 273.70 sq.m., a usable area of 227.50 sq.m., with private ownership of a land plot of 0.2092 ha, located at 73 "g" Semey street, owned by private ownership of BMI; - a 4-bedroom apartment with a total area of 77.50 sq.m., with a living area of 48.40 sq.m., located at the address: the city of Semey, ul. ... , 33, sq. 54, owned by private ownership of BSHT; - a 3-bedroom apartment with a total area of 60.70 sq.m., a living area of 35.90 sq.m., located at the address: city of Semey, ul...., 27b, sq.67, owned by private ownership.; - equipment: 1) a mixer of components for the manufacture of elastic PU foam; 2) a machine for cutting MP foam rubber, located at: Semey, ul. ..., 73g, owned by BMI; - goods: upholstered furniture, foam rubber, fabrics, located at: Semey, ul.....,152, ul....., 73g, owned by BMI. To collect from BMI in favor of ATFBank JSC the costs of paying the state duty in the amount of 3404 (three thousand four hundred four) tenge. To collect from MOM in favor of ATFBank JSC the costs of paying the state duty in the amount of 1,135 (one thousand one hundred and thirty-five) tenge. To establish the initial selling price at the time of the sale of the property from the auction within the framework of enforcement proceedings. The court's decision was made in a simplified (written) procedure and it entered into force on January 22, 2018.

Replacement of the claimant | Debt collection | Foreclosure on collateral

At the same time, the court found that by a court ruling dated April 24, 2018, the decision of the Semeysky City Court dated December 04, 2017, issued in a simplified (written) procedure, which satisfied the claim of ATFBank Joint Stock Company against the individual entrepreneur BSHT MAM BMI, to recover the amount of debt and foreclosure on mortgaged property, cancelled. The consideration of the case on the merits has been resumed. On May 29, 2018, by a court ruling, the statement of claim of ATFBank Joint Stock Company to the individual entrepreneur BSHT MAM BMI for the recovery of the amount of debt and foreclosure on mortgaged property was left without consideration. The state fee paid at the time of filing the claim in the amount of 1186598 (one million one hundred eighty six thousand five hundred ninety eight) tenge was returned to ATF Bank Joint Stock Company.

In this regard, taking into account that the court's decision on December 04, 2017 was canceled, and the applicant's claim was left without consideration, therefore, the application of ATFBank Joint Stock Company for the replacement of the claimant is not subject to satisfaction. Guided by Articles 53, 268, 269 of the CPC, the court DETERMINED: To refuse to satisfy the application of the joint–stock company First Heartland Jusan Bank for the replacement of the recoverer by the decision of the Semey City Court of December 04, 2017 on the recovery of debt from the individual entrepreneur BST MAM BMI and foreclosure on the mortgaged property.

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