Statement of claim for release of property from arrest
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To the Talgar District Court of the Almaty region
The plaintiff: ................... IIN:.......................
Address: Almaty, pr....., d......, sq. .....
Plaintiff's representative:
Sarzhanov Galymzhan Turlybekovich 050000, Almaty, Zheltoksan str., 132, cell phone: 8 707 (708) 578 57 58.
respondent: JSC National Bank of Kazakhstan BIN: 940140000385 Republic of Kazakhstan, 050046, Almaty,
97 Rozybakieva St., phone: 8 (727) 257 07 77.
Co-respondent: Regional Chamber of Private Bailiffs of Almaty 050000, Almaty city,
132 Bogenbai Batyr str., office 112, phone: +77272964043, +77272964044, +77272964042
Statement of claim
on the release of property from arrest
"22" November 20.. year between gr........., A bank loan agreement was signed with Halyk Bank of Kazakhstan JSC. № ............, in the amount of 1,920,000 (One million nine hundred and twenty thousand) tenge. The collateral of the gr acted as security for the fulfillment of obligations under the bank loan agreement.........., the only dwelling is a studio apartment located at the address: Almaty, ul. …………....., d...... kV....., Unfortunately, due to the global crisis, financial difficulties, by ........, was admitted late payment of the debt, and the Bank recognized its troubled borrowers. "15" January 20... years in the Specialized inter-district economic court of Almaty city held a public hearing, which was made the default judgment (case no ....), on the claim of JSC "Halyk Bank of Kazakhstan" the defendant SP ....... about debt collection. The claims of Halyk Bank of Kazakhstan JSC against the defendant...... for debt collection have been satisfied. In connection with the failure to execute a court decision in Absentia, by a private bailiff of the executive district of Almaty., located at the address of Almaty, Furmanova str., 65, office. 601., .................., enforcement proceedings were initiated for No. 67-13-A-395 dated 04/01/2013 on the basis of the writ of execution for No. ...... dated 10.01.2013, issued by the Specialized Interdistrict Economic Court of Almaty. During the execution of the enforcement proceedings, a Private bailiff issued and authorized the Almaty City Council of Economic and Social Council, a decree on the seizure of property, namely, the collateral located at Almaty, ul. ..............., d...... sq.14, and also for real estate that has not been secured, namely, for a land plot with a store located at the address Almaty region, ...... district, S......, Seifulina St....... However, the correspondence decision of 15.01.20... of the year of the Council of Economic Almaty, the case on the claim of Halyk Bank of Kazakhstan JSC was canceled and the case was considered on the merits and a full-time decision was made by the Almaty City Council of Ministers on 12/28/20.... The case №.........., as evidenced by the court's decision in the appendices. After the cancellation of the decision in Absentia, the Private bailiff of the executive district of Almaty., ........, According to Article 47 of the Law of the Republic of Kazakhstan On Enforcement Proceedings and the Status of Bailiffs, he was obliged to terminate the enforcement proceedings and simultaneously cancel all enforcement measures. Namely, the Resolution on the seizure of property from 04/24/20, authorized by the Specialized Interdistrict Economic Court of Almaty..... years. According to Article 10 of the above-mentioned law regulating the activities of bailiffs, it shows that the head of the territorial department of bailiffs has the right to independently cancel the decision, including on the basis of a court act or a prosecutor's protest. This happens if it is issued in violation of the requirements of the law, violates the rights and legitimate interests of the parties to the enforcement proceedings, In connection with which we have sent an Application to the Regional Chamber of Private Bailiffs of Almaty to cancel the decision of the Civil Court., ......... for vh. No.... From 10/30/20.... of the year. from where the answer was received for ex. no. 1188 dated 11/13/20... that CHSI....... is not a member of the Republican Chamber of Private Bailiffs, and has now ceased the activities of a private bailiff. Based on the above, guided by 1 art.26 of the Constitution of the Republic of Kazakhstan, art. 191 of the Civil Code of the Republic of Kazakhstan, art. 24, 27, 44, 58-61 CPC, 541 SAM "On taxes and mandatory payments to the budget"
I ask the Court:
release from encumbrance the immovable property located at the address Almaty region, ...... district, S.O. ..........., S........., st......, 199., imposed by the decree of the CHSI., .............
Sincerely, Proxy representative: _________________/Sarzhanov G.T.
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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