Seizure of movable and immovable property | Cancellation of measures to secure the claim | Removal of seizure from the account and property

The Abaysky District Court of the city of Shymkent, the presiding judge Beisenbekov S.Zh., with the secretary of the court session Tagayeva N.N., having considered in open court the statements of the defendant of the TVK on the cancellation of the measure to secure the claim imposed by the court ruling of August 04, 2014 in the civil case No. 2-4921/2014 on the claim of the Limited Liability Partnership "Bureau for work with debtors" to Tasimova Venera Karabekovna on the recovery of the amount owed under the bank loan agreement. By a ruling of the Abai District Court of Shymkent dated August 04, 2014, movable and immovable property belonging to the defendant of the TVK was seized within the amount of the claim in the amount of 1,063,944 tenge. This court ruling on securing the claim was sent to the branch for the enforcement of judicial acts of the republican state institution "Abaysky District Territorial Department of Bailiffs of Shymkent city of the Department of Justice of the South Kazakhstan region of the Ministry of Justice of the Republic of Kazakhstan" for execution.

Seizure of movable and immovable property | Cancellation of measures to secure the claim | Removal of seizure from the account and property

The defendant, T.V.K., filed an application with the court to cancel the measure to secure the claim imposed by the above-mentioned court ruling, arguing that the debt owed to the Bureau for Work with Debtors LLP has been repaid. The parties to the case, duly notified of the time and place of the court session, did not appear in court and did not send their representatives. The court considers the application without the participation of the parties, since their failure to appear is not an obstacle to the consideration of the matter on its merits in accordance with part 1 of Article 160 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter - CPC). Having studied the application and the documents attached to it, as well as the materials of the civil case No. 2-4921/2014, the court comes to the following conclusion. In accordance with part 1 of Article 160 of the CPC, the enforcement of a claim may be revoked by the same court at the request of the parties or on its own initiative. The private bailiff of the executive district of the South Kazakhstan region, M.B.K., terminated enforcement proceedings on August 15, 2018. 2919/16-51-2399 dated August 10, 2018, in connection with the full repayment of the debtor's debt to the recoverer, Bureau for Work with Debtors LLP.

Considering the above, the court considers it necessary to satisfy the application of the defendant T.V.K. and cancel the measures to secure the claim imposed by the court ruling of August 04, 2014. Guided by Articles 160, 268-269 of the Civil Procedure Code of the Republic of Kazakhstan, the court DETERMINED: Statements by the defendant of the TVK on the cancellation of the measure to secure the claim imposed by the court ruling dated August 04, 2014 in civil case No. 2-4921/2014 on the claim of the Limited Liability Partnership "Bureau for Work with Debtors" to the TVK for the recovery of the amount owed under the contract to satisfy a bank loan. To cancel the measures to secure the claim imposed by the ruling of the Abai District Court of Shymkent on August 04, 2014 and to remove from arrest movable and immovable property belonging to the TVK (IIN ....). A copy of this ruling should be sent to the branch of the "Abai District Territorial Department of Bailiffs of Shymkent city of the Department of Justice of Shymkent city of the Ministry of Justice of the Republic of Kazakhstan", the regional chamber of Private Bailiffs of the executive district of Shymkent city and the branch of the Non-profit Joint Stock Company "Government for Citizens State Corporation" in Shymkent city for its execution immediately.

The authorities and persons to whom the ruling was sent are obliged to inform the court about the execution of the court's ruling on the cancellation of the measure to secure the claim, within five working days after the necessary actions have been taken to execute it. Failure to fulfill this obligation entails the occurrence of liability provided for by law.

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