To the Board of Appeal for Civil and Administrative Cases of the Almaty City Court
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Almaty, index__________, street_____________.
________@sud.kz
from the Defendant: LLC "_________________________"
INN _________________________
Kurchatov, Kursk region, Russian Federation, ____________________
Representative by proxy:
Law Company Zakon i Pravo LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov.
BIN 190240029071. Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Plaintiff: LLP "_________________________" BIN _________________________
Almaty, ul. _________________________ +7 _________________________
Petition for reinstatement of term
__ February 20__ permanent Arbitration "_________________________" ( hereinafter referred to as Arbitration) consisting solely of the presiding arbitrator, _________________________, under the secretary _________________________, with the participation of the plaintiff's representative, _________________________, in a closed session in the Arbitration room "_________________________", located at: Republic of Kazakhstan, Almaty, ul. Kabanbai batyr ____, having considered the arbitration case №_________________________ according to the statement of claim of the LLP "_________________________" (hereinafter referred to as the Plaintiff) to LLC "_________________________" ( hereinafter referred to as the Defendant) on the recovery of the amount owed, DECIDED: the claim of LLP "_________________________" to LLC "_________________________" to collect the amount owed - to satisfy in full; Collect from LLC "_________________________" in favor of the LLP "_________________________" the amount of debt in the amount of 11,055,250.00 rubles, which is equivalent to 67,215,921.09 tenge (at the exchange rate of the National Bank of the Republic of Kazakhstan on the date of __.11.20__. 1 ruble is equal to 6.08 tenge);
Collect from LLC "_________________________" in favor of the LLP "_________________________" the amount of the arbitration fee in the amount of 331,657.00 rubles, which is equivalent to the amount of 2,016,475.tenge 41 tiyn (at the exchange rate of the National Bank of the Republic of Kazakhstan on the date of __.11.20__, 1 ruble is equal to 6.08 tenge)..
The above-mentioned Arbitration award was received by us on "__" March 20__ on purpose, in the Arbitration building "_________________________". Subsequently, the Defendant was going to file a Motion to overturn the Arbitration decision. "_________________________" dated __ February 20__,
Petition to the Court of Appeal for reinstatement of the term
However, due to the announcement by the World Health Organization of the new coronavirus COVID-19 as a pandemic in order to protect the life and health of citizens, a quarantine regime was introduced in many countries, including the Russian Federation, as well as in the Republic of Kazakhstan by President Kassym-Jomart Kemelovich in accordance with the legislation of the Republic of Kazakhstan throughout the Republic of Kazakhstan. the state of emergency.
During the period of the state of emergency, temporary restrictions were imposed on the work of all government agencies, including the courts of the Republic of Kazakhstan. Along with this, the Courts of the Republic of Kazakhstan temporarily did not accept any applications from citizens of the Republic of Kazakhstan. thus, we missed the procedural deadline for filing a petition to cancel the Arbitration decision. Article 464. The Civil Procedure Code of the Republic of Kazakhstan provides that a request for annulment of an arbitral award may be filed by the parties to the arbitration proceedings, third parties not involved in the case, but in respect of whose rights and obligations the arbitration has decided on the grounds provided for by law, within one month from the date of receipt of the award. The judge returns the petition if the time limit for revocation of the decision established by the first part of this article has expired and there are no grounds for its restoration in accordance with this Code.
In accordance with Part 2 of Article 126 of the CPC RK, the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
Petition to the Court of Appeal for reinstatement of the term
The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by art. 126 of the CPC RK,
I ASK THE COURT:
To restore the procedural deadline for filing a motion to set aside the Arbitration decision of February __, 2020 "_________________________", which was issued in its final form on March __, 2020.
Sincerely, Proxy Representative ______________/ Sarzhanov G.T.
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