Sample of filling out a private complaint against a court ruling
To the Judicial Board of Appeal for Civil and Administrative
cases of the Almaty City Court
Legal address: 66 Kazybek Bi str., Almaty.
Email address: 0201@sud.kz Postal Code: 050000
The plaintiff: ___________ IIN №___________ address: Almaty, ul. ___________________
Phone: 8,775 ____________
plaintiff's representative: Sarzhanov Galymzhan Turlybekovich Address:
Almaty, Zhibek Zholy str., 50, office 202.,
Law office "Law and Law" phone: 8 707 578 57 58
Defendant: JSC "___________" Republic of Kazakhstan, Almaty ______________,
index: _________ BIN: ____________ phone:_________
PRIVATE COMPLAINT
on the definition of the Alatau district Court of Almaty.
On May 18, 201_, between ___________, and AO "___________" A bank loan agreement was signed №___________, №___________, №___________, According to which the bank provided a loan in the amount of KZT 6,200,000 for a period of 54 months.In order to ensure the fulfillment of obligations under the DBZ, a single apartment was provided as collateral under the pledge agreement. ___________, located at the address of Almaty, ul. ________________.From ___________, applications for a deferral and other facilitating conditions on the loan were repeatedly sent, but nevertheless "___________" ignoring the application, he carried out an out-of-court implementation when the contract expires on schedule in 201_.Tell me what from ___________, 14.08.201_ a year later, a Statement of Claim was filed with the Alatau District Court for the cancellation of out-of-court auctions for the sale of collateral and bringing the parties back to their original position, namely:
To recognize the operations carried out by the trustee of JSC "_________" bidding for an apartment located at Almaty, ul. ___________.- invalid.
To cancel the certificate of taking ownership of the mortgaged property in an apartment in Almaty, ul. ______________, registered with the Department of Justice of Almaty.
However, having accepted the Judge of the Alatau District Court of Almaty into his office ___________, having considered the materials of the statement of claim ___________ to JSC "___________" on recognition as a trustee of JSC___________" The auction of the apartment is invalid and the revocation of the Certificate of Ownership of the mortgaged property is determined by: Statement of Claim ___________ to JSC "___________" The auction of the apartment is invalid and the certificate is revoked on taking ownership of the pledged property, return it with all the attached documents. Motivating According To art . 31 of the CPC RK, a claim is filed in court at the defendant's place of residence. A claim against a legal entity is filed at the location of the body of the legal entity.In this case, the legal address of the defendant's representative of the defendant JSC "___________" It is indicated in Almaty, Bostandyk district, ave. _______ and does not belong to the jurisdiction of the Alatau District Court of Almaty.Agreeing with the ruling of the judge of the Alatau District Court of Almaty ___________, ___________, On 20.10.201_, she applied to the Bostandyk district with a similar statement. Almaty and having accepted the judge of the Bostandyk District Court of Almaty into his office, ___________ having considered the statement of claim ___________ to JSC "___________" on the cancellation of out-of-court auctions for the sale of collateral property, recognition of the certificate of ownership of immovable property as invalid and bringing the parties back to their original position, Determined: - The submitted application must be returned with all attached documents to the applicant due to the jurisdiction of the Bostandyk District Court of Almaty. Arguing that, by virtue of the requirements of art. 33 CPC claims for rights to land plots, buildings, premises, and other objects firmly connected to the land (real estate) are filed at the location of these objects.
As can be seen from the statement of claim, the location of the disputed apartment in Almaty is ul. _____________, this does not apply to the Bostandyk district. At the same time, the court considers it necessary to explain to the plaintiff his right to file the above-mentioned claim on the same grounds against the same defendant in the court at the location of the immovable property, that is, the Alatau District Court of Almaty.After receiving the ruling of the Bostandyk District Court of Almaty ___________, 28.10.201_ a year later, she repeatedly appealed to the Alatau district Court of Almaty, however, the Judge of the Alatau District Court accepted the proceedings. Almaty __________, having considered the statement of claim ___________ to JSC "___________" on the cancellation of out-of-court auctions for the sale of collateral and the restoration of the parties to their original position, I determined: - This statement of claim The application must be returned for the following reasons.According to art.31 of the Civil Procedure Code of the Republic of Kazakhstan, a claim is filed in court at the defendant's place of residence.
A claim against a legal entity is filed at the location of the body of the legal entity.According to the text of the statement of claim, the defendant JSC "___________" located at Al-Farabi ave. 15. that does not apply to the location of the Alatau district of Almaty.In addition, a ruling of the Alatau District Court dated 08/18/201_ was attached to the statement of claim, according to which a similar claim was returned to the plaintiff due to his lack of jurisdiction. This judicial act has not been annulled and has legal force, which does not allow accepting and considering the specified claim.The court also notes that in the statement of claim, a dispute arose with the plaintiff regarding out-of-court bidding, that is, the procedures and actions of the mortgagee, the Bank.Definition of 11/10/201_ of the Alatau district Court Almaty, ____________., received on 26.11.201_ year.According to Article 36 of the Civil Procedure Code of the Republic of Kazakhstan, paragraph 3., the court ruling on the dismissal of the application of the party(s) The non-jurisdiction of the case may be appealed to the court of appeal, whose decision is final and cannot be appealed. The transfer of the case from one court to another is carried out after the expiration of the time limit for appealing this ruling, and in the case of filing a complaint - after the ruling on the dismissal of the complaint.3-1. In the cases provided for in subparagraph 2) According to the second part of this article, the jurisdiction of the case to the district and equivalent courts is determined by the court of appeal.
Disputes about jurisdiction between courts are resolved by the court of appeal, whose decision is final and cannot be appealed.
On the basis of the above, guided by Articles 33, 31, 36, CPC RK., I ASK THE COURT:
To cancel the Ruling of the Alatau District Court of Almaty judge _____________, dated 11/10/201_ and send the civil case for consideration on the merits to the court of first instance.
Determine the jurisdiction to which district court this civil case belongs.
To send this civil case to the jurisdiction and oblige the court to consider this civil case on the merits.
With respect,
Representative by proxy ___________________/ Sarzhanov G.T. "___"____________201_ G.
Attention!
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