Response to a Claim for recovery of accounts receivable
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the district court No. 2 of Almaly district of Almaty to judge K.Kistauova.
Almaty city, Tole Bi street 267. 8 (727)333-11-60. 727-2872@ sud.kz
from the Defendant: DOF IIN ....... Almaty, T..... str., 198, sq. 5.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 708 578 5758; +7 727 971 78 58.
Feedback
about collecting accounts receivable
You have a Civil Case No. 7520-22-00-2/2424 dated May 30, 2022 on the claim of the Almaty Thermal Networks Limited Liability Partnership (hereinafter referred to as the Plaintiff) against the Defendant DOF (hereinafter referred to as the Defendant) for the recovery of accounts receivable. The plaintiff in his statement of claim argues that on February 28, 2014, Almaty Thermal Networks LLP sent Contract No. 190001 by registered mail (ex. 21.4/1357/14 ) for signing to the consumer DOF, IIN ....., prozh. Almaty, ul. T..., 198, sq.5. - The Defendant does not agree with the above arguments of the Plaintiff. The Defendant did not receive any contracts from the Plaintiff on purpose and or by registered mail and, accordingly, did not sign the Contract. In addition, the plaintiff in the lawsuit argues that according to the Survey Reports, the object of thermal energy consumption is an office located at Tole bi Street, Almaty. 280, 13th technical floor, the consumer does not use the hot water supply system, the heating system is unified with a residential multi-storey building – we agree with the Plaintiff's arguments, since in reality the Defendant does not use the hot water supply system and only pipes pass through the Defendant's non-residential premises, where the Defendant has been asking the Plaintiff for several years to wrap or insulate pipes or recalculate only for the heat that comes from the passing pipes and not per square meter as the Plaintiff expects. The defendant uses heat from electricity and, accordingly, does not need services to provide a hot water supply system.
Response to a Claim for recovery of accounts receivable
In accordance with Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation should be interpreted in accordance with the literal meaning of their verbal expression. In the Statement of Claim, the Plaintiff stipulates that the Defendant does not fulfill its obligations to the Plaintiff properly, does not make payments, as a result of improper fulfillment of obligations to the Plaintiff, the Defendant has accounts receivable for thermal energy in the amount of 4,425,537 tenge, as of 09/20/2021 – Dear court, these arguments of the Plaintiff are absurd, as the Defendant will to pay for the services provided by the Plaintiff, while the Defendant practically does not use Hot water and heat energy. In accordance with art . 68, 72 of the Civil Procedure Code of the Republic of Kazakhstan, Each party must prove the circumstances to which it refers as the grounds for its claims and objections, each evidence must be evaluated taking into account relevance, admissibility, reliability. In addition, a fine of no more than 1.5 times the refinancing rate established by the National Bank of the Republic of Kazakhstan on the day of the subscriber's actual fulfillment of the monetary obligation was duly charged for non-fulfillment of obligations, for each day of late payment, but not more than the amount of the principal debt. The amount of the penalty (penalty) to the amount of the unfulfilled obligation is 1,802,948 tenge, which the defendant is also obliged to pay on the basis of art. 295 of the Civil Code of the Republic of Kazakhstan - By virtue of art.5 of the Civil Code of the Republic of Kazakhstan in cases where the relationship provided for in paragraphs 1 and 2 of Article 1 of the Code is not directly regulated by legislation or agreement of the parties and there are no customs applicable to them to such relations, since this does not contradict their essence, the norms of civil legislation governing similar relations (analogy of the law) are applied. Regarding the accrued penalties, they disagree because this amount of penalty is excessively large compared to the creditor's losses whereas according to art. 35 of the Law on Banks and Banking Activity states "The amount of the penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under a bank loan agreement concluded with an individual may not exceed 0.5 percent of the overdue payment amount for each day of delay, after ninety days of delay. ninety days of delay may not exceed 0.03 percent of the overdue payment amount for each day of delay., but not more than ten percent of the loan amount for each year of the bank loan agreement." 297 of the Civil Code of the Republic of Kazakhstan, if the penalty to be paid is excessively large compared to the creditor's losses, the court has the right to reduce the penalty, taking into account the degree of fulfillment of obligations by the debtor and the debtor's interests that deserve attention, the court reduces the debtor's liability if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper performance, or did not take reasonable measures to reduce them. According to art . 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements.
In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. We also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. According to art . 166 CPC RK, where the defendant submits to the court a response to the Statement of Claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it.
Response to a Claim for recovery of accounts receivable
Based on the above and in accordance with art. 166 of the CPC RK,
I ASK THE COURT:
Plaintiff's claims against the Defendant for recovery of accounts receivable – to be denied;
Sincerely, Proxy Representative: _______________/Sarzhanov G.T. "___" __________ 2022 the year
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
