Sample of filling out an appeal against a district court decision
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 lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Judicial Board of Appeal for Civil and Administrative Cases
Almaty City Court 050000. Almaty, ul. _____________
From the defendant: ______________ resident at the address: Almaty, ul.______________
Proxy representative: Sarzhanov Galymzhan Turlybekovich IIN: 850722301036.
50 Zhibek Zholy ave., office 202, Medeu district, 050002, Almaty,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Plaintiff: LLP "______________" BIN _____________ Republic of Kazakhstan, Almaty. 050062, ul.____________
A third party who does not make independent claims on the subject of the dispute
Private bailiff of the executive district of Almaty city, ___________ IIN __________
Almaty, Almaly district, 050026, ul. _________ phone: 8 707___________
THE APPEAL
on the decision of the Zhetysu district Court of Almaty dated March 15, 201_
Zhetysu district Court of Almaty, composed of the presiding judge Kanatbaev S., with the participation of representatives of the plaintiff LLP "______________" - ______________ and ______________, representatives of the defendant – Sarzhanova G.T. and ______________, simultaneously representing the interests of a third party who does not make an independent claim. ______________, a representative of a third party who does not independently claim a private the bailiff of the executive district of Almaty ______________ – ______________, having considered in open court the civil case on the claim of the LLP "______________" to ______________ about foreclosure on collateral in the form of apartment no. __, house no. __ located on the street. ____________, The court decided: The claim of the LLP "______________" satisfy. Foreclose on property ______________ in the form of apartment no. __, house no. __ located on the street. __________, consisting of three living rooms, with a total area of 65.0 sq.m., with an initial selling value of 4 in the amount of 27,154,000 (twenty-seven million one hundred and fifty-four thousand) tenge.
We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds:Based on the loan agreement № ______________ dated September 5, 20__ ______________( further, the defendant) was granted a loan in the amount of 10,146,591 tenge for a period of 240 months, subject to repayment periodic payments. For the use of the loan, the defendant undertook to pay JSC "______________" after AO "______________" ( hereinafter referred to as the Bank) remuneration at the rate of 15.5% per annum. In turn, JSC "______________" ceded the rights of claim under the loan agreement concluded with the borrower ______________. dated September 05, 20__ №______________ and the pledge agreement dated September 11, 20__ №______________, to THE LLP"______________" At the time of conclusion of the agreement between JSC "______________" and TOO"______________" the borrower has a debt in the amount of 15,881,760 tenge.In order to secure the Loan Agreement, an apartment located at the address: Almaty, ul. _____________.
Due to the Borrower's financial difficulties. There have been repeated requests in written and oral form to the bank to provide any preferential conditions for fulfilling obligations under the Bank Loan Agreement in the hope of resolving the current situation in a peaceful manner.In violation of the assumed obligations to repay the loan properly. April 5, 201_ Zhetysu District Court Almaty as part of the presiding judge ______________, with the participation of a representative of the plaintiff LLP "______________" the representative of the defendant is Sarzhanova G.T., a representative of a third party who does not declare an independent claim of JSC "______________" - ______________, having considered in open court the civil case on the claim of the LLP "______________" to ______________ on the recovery of the amount owed, The Court Decided The Claim Of The LLP "______________" partially satisfy. Collect from ______________ in favor of the LLP "______________" the loan debt in the amount of KZT 14,753,640 58 tiyn and the cost of paying the state duty in the amount of KZT 442,609 21 tiyn, a total of 15,196,249 (fifteen million one hundred ninety-six thousand two hundred forty-nine) tenge 79 (seventy-nine) tiyn. In satisfaction of the claim of the LLP "______________" to ______________ to refuse to collect the rest of the penalty.
Currently in the enforcement proceedings of a Private bailiff ______________, there is a writ of execution for recovery from ______________, in favor of the LLP "______________" debt in the amount of 15,196,249 tenge.During the study of the materials of the enforcement proceedings, a violation was intentionally committed by a Private contractor, since the evaluation period of the appraisal company at the time of the trial was overdue, respectively, according to art. 257 of the Civil Code of the Republic of Kazakhstan. Upon termination of ownership, the property is assessed based on its market price, unless otherwise established by the laws of the Republic of Kazakhstan.In the Order of the Minister of Justice of the Republic of Kazakhstan dated February 25, 2015 No. 115., On some issues of evaluation activities in paragraph 12. Section 4 "The final part of the report" contains the final conclusion on the value of the object. The total value of the valuation object is expressed in the currency of the Republic of Kazakhstan (tenge) and is shown as a figure rounded to one thousand tenge with a written explanation of the amount in parentheses. The total value of the valuation item indicated in the valuation report is considered recommended for the purposes of making a transaction with valuation items if no more than six months have passed from the date of the valuation report to the date of the transaction with the valuation item or the date of submission of the public offer.
Thus, we consider that the court, in satisfying the claim, did not take into account the overdue assessment.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.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. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.By virtue of Articles 65,66 of the CPC RK, each party must prove those circumstances, which she refers to both on the basis of her claims and objections.
In this case, the evidence is provided by the parties and other persons involved in the case.According to Part 1 of Article 219 of the CPC RK, when making a decision, the court evaluates the evidence, determines which circumstances relevant to the case have been established and which have not been established, what are the legal relations of the parties, what law should be applied in this case and whether the stated claim is subject to satisfaction. The court resolves the case within the limits of the plaintiff's claims.
In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other normative legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution. If the court finds that a law or other normative legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a motion declaring this act unconstitutional., and art. 15 of the Civil Procedure Code of the Republic of Kazakhstan, civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully realized only if each of the persons involved in the case is given the opportunity to attend the court session. also in article 13. Equality of all before the law and the court it is stated that Justice in civil cases is carried out on the basis of equality before the law and the court, during civil proceedings, none of these citizens can be given preference and none of them can be discriminated against on the grounds of their origin, social, official and property status, gender, race, nationality, language, religious beliefs, place of residence, or any other circumstances; legal entities may not be preferred and none of them may be discriminated against based on their location, organizational and legal form, subordination, form of ownership and other circumstances.In addition, the defendant did not refuse to pay his obligations to the bank, did not evade responsibility, did not avoid, but on the contrary, throughout the entire time the defendant conducted successful negotiations with the bank by correspondence and performing monthly payments to the best of his ability.
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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