Sample Private complaint against the ruling of the district court

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To the Appeal Board for Civil Cases of the Almaty Regional Court

Taldykorgan, ul. __________ 8 7282 _______

From the defendant: ______________ IIN: No.___________

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,

Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.

Plaintiff: JSC "______________" BIN __________ 050000, Almaty, ul. ____________ BIN: ____________

A third party who does not make independent claims on the subject of the dispute

Private bailiff of the executive district of the Almaty region

______________ IIN _______________ Republic of Kazakhstan, Almaty region

. Taldykorgan city, ________________ 8 701____________

PRIVATE COMPLAINT

on the ruling of the Karasai District Court of the Almaty region dated February 09, 201_

Karasai District Court of Almaty region, composed of the presiding judge ______________, with the participation of the Applicant's representative ______________, HSI ______________, having considered in open court the civil case at the Request of JSC "______________" to ______________, to a third party, a private bailiff ______________, on foreclosure on collateral, the Court decided: Joint-Stock Company's statement "______________" to ______________,, to a third party, a private bailiff, a bailiff ______________, about foreclosure on collateral – fulfill. Foreclose on the debtor's pledged property ______________, in the form of a residential building with a land plot of 0.0800 hectares, at the address: Almaty region, Karasai district, ___________________________.

 

We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds:Between AO "______________" ( next– the Plaintiff) and ______________( hereinafter referred to as the Defendant) concluded a bank loan agreement no. ___ dated 03/06/201_ (hereinafter referred to as DBZ) in for the purpose of acquiring real estate, which was subsequently mortgaged as interim measures, and additional agreement No._ to the DBZ dated 11/25/201_, additional agreement No._ to the DBZ dated 06/30/201_ JSC "______________" provided by ______________loan in the amount of 25,000,000 tenge, for a period of 84 months at 17% per annum. In order to ensure the fulfillment of obligations to the bank, in accordance with the terms of the agreement no. ___ dated 03/06/201_, the borrower secured a residential building with a total area of 150.7 sq.m., with a land plot occupied by it, geographically and functionally connected with it, with a total area of 0.08 hectares, located at the address: Almaty region, Karasai district, __________________.

As security for the loan agreement, a guarantee agreement was signed no. G___ dated 03/06/201_. c ______________.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 connection with the non-fulfillment of contractual obligations, the bank sued, after which, by the Decision of the Yesilsky District Court of Astana dated May 12, 201_, it was recovered from ______________ and ______________ in favor of JSC "______________" the amount of debt in the amount of 27,947,396.65 tenge. Also recovered in a shared manner from ______________ and ______________ in favor of JSC "______________" court costs for the payment of the state fee in the amount of 838,422 tenge for 419,211 tenge each.After the above-mentioned court issued a Writ of Execution on August 24, 2017, this writ of execution was handed over to a Private bailiff of the executive district of the Almaty region. ______________, which, in turn, carried out a number of executive actions, one of them was a resolution on the participation of a specialist in the assessment of seized property and the execution of this resolution was entrusted to the appraisal company Express True Assessment LLP, which on October 04, 201_ conducted an inspection of the appraisal facility for residential premises located at: Almaty region, Karasai district, _____________.

 

According to the report №__________ As of 04.10.201_ of the Valuation company "Express Correct Assessment" LLP, the debtor's collateral amounted to 20,713,000 tenge.We did not agree with the assessment of the Appraisal Companies of Express True Assessment LLP, as the market value of the collateral indicated in the report of the Appraisal Companies of Express True Assessment LLP was estimated incorrectly and unreliably, as well as unfairly underestimated, since each house located in this area is individual and requires a detailed approach.As a result of the analysis of compliance with the requirements for the approaches and methods of assessment used in the Reports and the reliability of the technical expertise data used, it was found that the Report on the assessment of real estate № _________ dated 04.10.201_, performed by "Express correct Assessment" LLP:

according to the section "Requirements for the preparation of the report" meets the requirements;

according to the section "Analysis of requirements for the content and reliability of calculations" is unreliable, therefore, the results obtained cannot be used as an evidence base on the value of the property indicated in the Report.

As evidenced by the examination of the reliability of the valuation of property for no. ______ dated 11/20/201_ conducted by Members of the Expert Council of the Republic of Kazakhstan.Accordingly, we have sent to the address of the CSI and the Bank a declaration of invalidation of the assessment report and a copy of the examination of the reliability of the valuation of the property for No. _____ dated 11/20/201_ conducted by Members of the Expert Council of the Republic of Kazakhstan. Which the CSI and the Bank agreed with by their silence to our sent letter.After the emergency, a decision was repeatedly issued on the participation of a specialist in the assessment of the seized property and the execution of this decision was entrusted to the evaluation company SERT Independent Assessment Center LLP, which conducted an Inspection of the evaluation facility on December 25, 201_ for residential premises located at:

Almaty region. Karasai district, __________________.  According to the report №__________ As of 12/25/201_ of the Valuation Company "SERT Independent Valuation Center" LLP, the debtor's collateral amounted to KZT 19,475,000, which we received on 01/23/201_.Having disagreed with the assessment of the Appraisal Companies of the SERT Independent Assessment Center LLP, which assessed the debtor's collateral for 19,475,000 tenge, we have ______________ An alternative real estate valuation report No. __ dated January 31, 201_ was submitted. carried out by the LLP "Assessment Group"Bkyt", where the market value of the collateral is determined in the amount of 35 593 000 tenge, We consider it reliable and fair, and the market value indicated in it corresponds to the actual value of the collateral, as an individual approach has been applied to this assessment."12" February 201_

 

We signed an Agreement on the value of the property, where the Parties agreed to establish the estimated value of the pledged property under the pledge agreement no. ___ dated 06/03/2011, owned by the Debtor ______________, property, in the form of an apartment building, with a total area of 150.7 sq.m., with the land plot occupied by it, geographically and functionally connected to it, with a total area of 0.08ha cadastral number ____________, at the address: Almaty region, Karasai district, ________________________ ( Next - "Property"), in the amount of 35 593 000 (Thirty five million five hundred ninety three thousand) tenge 00 tiyn.However, the plaintiff in his statements indicates an unreliable assessment performed by the Appraisal Company "Express Correct Assessment" LLP.

The Bank 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 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.Dear Court,!! The defendant ______________, to the best of his financial ability, he executes the court's decision and the Applicant's requirements do not correspond to current reality because:

As of today, the defendant ______________ In order to enforce the court's decision, 500,000 tenge was transferred, and every possible measure is being taken to resolve this circumstance of the case, but the bank itself has not offered any counter measures other than refusal.;

We have sent Applications to the Plaintiff for an installment plan/delay in the execution of the court decision for 12 months, while court decisions are currently being executed to the extent of the defendant's financial capabilities.

The mortgaged house as a security measure is the only real estate of the defendant, who, at the time of receiving the loan, was raising two underage children by herself. To date, the defendant's children live in this house with their family, who also have their share in the rights in this property.

 

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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