Request for suspension of proceedings on the case
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To the Turksib District Court of Almaty
050011, Almaty, Spartak St., 11
8 (727) 333-13-74
727-4460@sud.kz, 020214@sud.kz
From the Defendants: ..........
IIN №.............
…………
Almaty, ul. ..........., D. 16.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The petition
on the suspension of proceedings on the consideration of a civil case on changing the method and procedure for the execution of a judicial act
Q, is there a civil case in your proceedings about changing the order and method of executing a court decision on an Application from an LLP ".........." ( next - the Recoverer) to gr. ............ ( next, Debtors). For which LLP "..............." motivates his claims that the execution of a Private Bailiff of the executive district of Almaty ......... ( next, the Third Party) is the (attached) enforcement proceedings for a single №............. from 05 08 201.. (hereinafter referred to as Enforcement Proceedings) on recovery from ................... in favor of the LLP "..................", the amount of debt in the amount of ............. Tenge.
Request for suspension of proceedings on the case
Enforcement proceedings were initiated on the basis of Writ of Execution for №.............., issued on 05/16/2011.. by the Turksib District Court of Almaty by issuing a Ruling dated 05/06/2011.. of the year, on the issuance of a writ of execution for the enforcement of the Decision of the Permanent Arbitration Court of Almaty, composed of the Chairman ..... R., dated 03/02/2011 ... of the year. As part of the Enforcement Proceedings, the procedural decision of a Third Party, in the form of Resolutions, was:
All movable and immovable property has been seized;
Funds were searched on the Debtors' settlement accounts in second-tier banks and arrests were also made;
Restrictions have been introduced on Debtors crossing the state border of the Republic of Kazakhstan. And the requirements of the Enforcement Documents have not been fulfilled by the Debtors so far.
The plaintiff also emphasizes that the court's decision is not enforced, which is a violation of the requirements of the legislation of the Republic of Kazakhstan. And the fact that the debtor's failure to fulfill its obligations to the creditor is the basis for the creditor to file claims for foreclosure on the mortgagor's property, regardless of the provisions of the Pledge Agreement, and that the Debtors have not refunded the amount owed because there are no funds available for foreclosure, but one of the debtors, Svetlana Musina Leonidovna has the right of ownership to real estate, which is pledged to the claimant, which is located at the address: Almaty, Turksib district, Khorezmskaya str., 16., the market value of which, according to report No. 107-05/18 dated 06/04/2011.. The year of the Evaluation Company LLP "..........", mortgaged real estate of the debtor located at Almaty, Turksib district, ul. ..........., house 16., amounted to 47 001 000 tenge, and guided by paragraph 1, art. 246 of the CPC RK,
They ask the court to change the method and procedure for fulfilling the requirements of the Writ of Execution No.... issued on 05/16/2011... By the Turksib District Court of Almaty by issuing a Ruling dated 05/06/2011.... on the issuance of a writ of execution for the enforcement of the Decision of the Permanent Arbitration Court of Almaty dated 03/02/2011..., by foreclosing on all movable and immovable property belonging to the Debtor, Svetlana Leonidovna Musina, wherever it is and under whatever encumbrance, namely, on immovable property located at the address: Almaty, Khorezmskaya, house No. 16, the market value of which, according to the Report of NOC LLP "...." on the valuation of real estate for No. 107-05/18 dated 04.06201..., is 47 001 000 tenge. Dear Court, we consider the plaintiff's arguments on determining the estimated value of the Mortgaged Property to be premature, as it is essentially "07" December 201.. Private bailiff of the executive district of Almaty .............., A resolution was issued on the participation of a specialist in the assessment of seized property and the execution of this resolution was entrusted to the Evaluation Company LLP ......., which is "04" June 201.. I conducted a survey of the house assessment facility located at 1 Khorezemskaya Street, Turksib district, Almaty... According to Report No. 107-05/18 dated 06/04/2011.. The year of the Evaluation Company LLP ".............", mortgaged real estate of the debtor located at Almaty, Turksib district, ul. ............., house 16., made up ................. tenge, which we received on 11.06.201....... year.
With the assessment of the Appraisal Companies of the LLP "..........", We disagree, as the market value of the mortgaged property is indicated in the LLP's report. ".........", it is estimated incorrectly and unreliably, as well as unfairly underestimated, since each property is located in This area is individual and requires a detailed approach, but not according to Report No. 107-05/1..dated 06/04/2011.. years. In this case, we believe that a poor-quality and biased assessment affects our interests, since repayment of the loan debt at the expense of the existing premises is of primary importance to the plaintiff, while using the right to repay the debt in full at the expense of collateral. In this regard, We have sent to the address of the CHSI, in due time, an alternative report on the valuation of real estate No.64/2018 dated June 14, 20.. Carried out by the Valuation Institute LLP, which determined the market value of the collateral in the amount of 63,382,000 tenge, we consider it reliable and fair, the market value indicated in it corresponds to the real value of the collateral, as an individual approach was applied to this assessment. However, HSI....., June 22, 201.. The Court issued a Resolution rejecting the application, where the CSI refuses to accept an alternative assessment report performed by the Valuation Institute LLP, which determines the market value of the collateral in the amount of 63,382,000 tenge.
Request for suspension of proceedings on the case
In this regard, we have filed a Complaint with the Medeu District Court of Almaty against the action of a Private bailiff to refuse to accept an alternative assessment report, and to date, the process is underway and no procedural decision has been made by the judge of the Medeu District Court of Almaty...... And we consider the Applicant's requirements for determining the market value to be premature. Article 272 of the Civil Procedure Code of the Republic of Kazakhstan "The obligation of the court to suspend proceedings", paragraph 1, paragraph 4, provides that the Court is obliged to suspend the proceedings in the following cases: when it is impossible to consider the case before resolving another case being considered in civil, criminal or administrative proceedings. Article 274, paragraph 4, of the Civil Procedure Code of the Republic of Kazakhstan "Terms of suspension of proceedings" stipulates that the proceedings in the case are suspended: in the cases provided for in subparagraph 4) of Article 272 of this Code, until the entry into force of a decision, verdict or court order.; In this regard, there may be a place to suspend proceedings on the consideration of this civil case until the resolution of another case being considered in the Medeu District Court of Almaty. Based on the above and guided by the CPC RK,
I ask the Court:
Civil case on the Application of the LLP "..............", to gr. .............. on changing the procedure and method of execution of a judicial act for residential premises located at the address: Almaty, Turksib district, ul. ............, D. ... – to suspend the court's decision until it enters into force;
With respect,
Representative by proxy
__________________/ Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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