The Application form for the involvement of a specialist
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 Almaly District Court No. 2 of Almaty
267 Tole bi str., Almaty, Republic of Kazakhstan.
From Applicants:
____________________
IIN: ________________
____________________
IIN: ________________.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE PETITION
about attracting a specialist
There is a civil case in your proceedings no. __ dated 01.10.20__ on the Complaint of Tsesnabank JSC (hereinafter referred to as the Applicant) against the actions of a private bailiff ___________ ( Hereinafter referred to as the Defendant), where the applicant explains his arguments set out in the Complaint. We do not agree with the arguments of Tsesnabank JSC, and we consider them to be groundless and to be left without consideration on the following grounds: Due to the improper execution of the decision of the Bostandyk District Court of Almaty, the Bostandyk District Court of Almaty issued a writ of execution for №______________________ about collecting from ___________ in favor of Tsesnabank JSC, the amount of debt in the amount of KZT 14,906,301, payment expenses state fee in the amount of 447,189 tenge, on the basis of which the Private Bailiff of the Regional Chamber of Private Bailiffs of Almaty, ___________., enforcement proceedings were initiated №___________ dated July 30, 20__. On August 13, 20__, an application was sent to the Private Bailiff for postponement of the execution of the court decision, which also indicated the intention to provide a report on the valuation of collateral from a licensed valuation company to a private bailiff, however, the private bailiff, without paying attention to this paragraph of the Application, on August 25, 20__ issued Resolution on the participation of a specialist in the assessment of seized property.
The Application form for the involvement of a specialist
After us on 01.09.20__, a corresponding Application was sent to the CSI to cancel the Resolution on the participation of a specialist in the assessment of seized property dated August 25, 20__ and to issue a new Resolution on the participation of a specialist in the assessment of seized property, where to entrust the assessment of the seized collateral to the Debtor. 03.09.20__ years old to us from HSI ______________________ We received a letter where we were instructed and will explain by September 10, 20__ to provide a report on the valuation of collateral from any independent valuation company. companies.
If the property assessment report is not provided within the specified period, the assessment will be carried out on the basis of the bailiff's decision independently, with the involvement of an appraisal company. Based on the letter of the CSI, we conducted an assessment that was assigned to the Appraisal Company LLP "___________", which conducted surveys of the valuation object on 12.09.20__ and submitted a Report for No.138 dated 13.09.20__, where the estimated value of the collateral amounted to 102,844,583 tenge, which was sent in the original on 18.09.20__ to the address of the CHSI.
The applicant mainly bases his arguments on the fact that the Bank's specialists, who are not current specialists in the field of valuation, have analyzed the assessment report prepared by the LLP "___________" The following comments to the evaluation report were found to be identified. In the calculation part of the comparative method, adjustments were incorrectly applied (the area adjustment was applied with a plus to the collateral of the Bank, and also represents high indicators at a time when the adjustment should be negative). The condition of the object was also not taken into account (according to the photographic material, the estimated residential building was partially without exterior decoration), moreover, analogues were selected from the highest range of prices, which does not reflect the objective market value of the object, and therefore "the assessment report is unreliable.
We do not agree with the Applicant's arguments, as we have not found a conclusion or professional opinion of a specialist and/or a competent person in the field of evaluation activities in the materials of the civil case. These arguments of the Applicant's representative are a LAWYER by training, cannot be competent and/or a specialist in Evaluation activities.
In this regard, we consider that the Applicant's arguments are unfounded and groundless. Taking into account all the above circumstances, we consider it necessary to involve a specialist who will help to understand the validity, reliability, of the assessment report by the assessment company on which the Applicant unreasonably bases his claims. In accordance with Parts 1, 2, 5 of art. 82 of the CPC RK: "An expert examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert on the basis of special scientific knowledge"; " The presence in the case of acts of audits, inspections, conclusions of departmental inspections, as well as written consultations of specialists, appraisers' reports, does not replace the expert's opinion and does not exclude the possibility of appointing a forensic examination on the same issues"; "Persons involved in the case may ask the court to entrust the examination to a specific person with the necessary special scientific knowledge".
I propose a candidate as a specialist ___________ who is the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises, Head of appraisal companies. located at ___________. Phone: ___________ The defendant shall bear the legal costs associated with the participation of a specialist in the consideration of the case. Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan,
I ask the Court:
To involve in the Civil case as a specialist the Deputy Chairman of the Presidium, Chairman of the Expert Council of the Republican Chamber of Appraisers, specializing in the evaluation of residential and non-residential premises, the Head of the appraisal companies Mr. ___________The legal costs of the specialist should be borne by the defendant.
With respect,
Representative by proxy:
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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