The application form to the court for the restoration of the time limit for appealing the decision
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To the Almaly District Court
cities of Almaty
The defendant:____________
IIN : ___________
address: ___________
bodys: ___________
The petition
(on the restoration of the appeal period and on the appeal of the decision of the arbitral tribunal) On September 10, 20__, it became known to me that the Arbitration Court of Almaty, consisting of the presiding judge, by a decision dated July 22, 20__, the claims of LLP "_________ "___________" to ______________________ on the recovery of the amount owed and on foreclosure on mortgaged real estate, partially satisfied. This decision of the arbitration court states: - to recover from ___________, ___________ in favor of the plaintiff, the amount of the principal debt in the amount of 10,936,042 tenge, accrued remuneration - 93,034 tenge, overdue remuneration – 656,121 tenge, The accrued penalty is 1,915,151 tenge, court costs in the amount of 566,894.43 tenge, as well as expenses related to the payment of representative assistance in the amount of 1,578,179 (about 8,500 US dollars) tenge, a total of 15,745,421.43 tenge.-Foreclose on an apartment building located at: ___________, ___________, owned by right of ownership ___________.
- In case of compulsory execution of the decision of the arbitration court, to recover from ___________, ___________ the amount of the state fee of 5 MCI paid by the plaintiff when applying to the competent court to obtain a writ of execution based on this decision.I disagree with this decision of the Almaty Arbitration Court because, what:-the composition of the arbitration court and the arbitration proceedings did not comply with the requirements of the legislation of the Republic of Kazakhstan on arbitration proceedings:-The party was not properly notified of the election (appointment) of the arbitrator and of the time and place of the meeting of the arbitral tribunal, or for other reasons could not provide the arbitral tribunal with its explanations;-The decision of the arbitral tribunal contradicts the principle of legality and public order of the Republic of Kazakhstan.In clause 12.2 of the Agreement on the provision of microcredit secured by immovable property dated 07/02/20__, disputes are subject to consideration in the arbitration court of Almaty.
The descriptive and motivational part of the arbitration court's decision states: "the defendant Svetlana Leonidovna Musina did not appear at the court session, although she was duly notified of the time and place of the meeting, deliberately received a court summons, a registered letter was sent through Kazpost JSC, did not inform the court of the valid reasons for her non-appearance and did not ask the court to consider it's about her absence."These statements are not true, as the court summons for ex. No. __ dated 06/09/20/20 – I was invited to the Eurasia-Femida Arbitration Court at 1 Bayseitova St., Almaly district, Almaty, and this decision was made by another court, that is, the Almaty Arbitration Court.The statement of claim of the LLP "_________ "___________" It is addressed to the Arbitration Court of Almaty, at the address of Almaty, Medeu district, Nusupbekov St., No. 32, and not the Arbitration Court of Almaty. Consequently, this court has considered a statement of claim addressed to another court, that is, the jurisdiction has been violated.All these confusions led me astray about the court itself, which should consider this claim.
If the claim is filed with the arbitration court of Almaty, then what does the Eurasia-Themis arbitration court have to do with it. But when I got acquainted with the decision of the Almaty Arbitration Court, I was generally confused, not knowing whether the arbitration court of Almaty and the Arbitration court of Almaty are the same court or not.In such circumstances, can it be argued that I, as a defendant, was duly notified?In addition, after the decision was made by the arbitration court of Almaty, I had to spend time trying to establish the grounds on which claim this court considered the case.However, she was unable to receive a statement of claim, which was sent to the arbitration court of Almaty.In accordance with paragraph 2 of art. 35 of the Law on Arbitration Courts (Form and content of the decision of the arbitration court) the decision of the arbitration court must specify: place
arbitration proceedings determined in accordance with Article 21 of this Law.But the decision of the Almaty Arbitration Court ignored this requirement of the Law, and did not specify the place of arbitration. Is the party obligated to guess where the arbitration took place,- in the Medeu district of Almaty, at 32 Nusupbekov St., or atBayseitova house 1, Almalinsky district, or somewhere else?On September 28, 2019, I applied to the Arbitration Court of Almaty with a request to familiarize me with the materials of the case in which the decision was made against me, and asked for a copy of the decision itself.(Here, the court employee again dictated the name of the court as the Eurasia Themis Arbitration Court and I had to write as they demanded)But familiarization with the case materials made it even more confusing regarding the arbitration court and its place of consideration.So, if the plaintiff has sent his statement of claim to the Arbitration Court of Almaty, located in the Medeu district, at 32 Nusupbekov St., t
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