To the district court Clarification and addition to the application for cancellation of the claim
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Bostandyk District Court of Almaty
To Judge Tursymbaeva R.A.
Almaty, Bostandyk district,
mkr. Orbita 2, 20a.
+7 702 704 96 82.
Defendants: N.M.M.
IIN ............
E.J.
IIN ................
Representative by proxy:
Law Company Zakon i Pravo LLP
BIN 190240029071
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755.
Clarification and addition to the statement of cancellation of the claim
Your proceedings included civil case No. 7514-22-00-2/2427 on the claim of Rakhmanov Azamat (hereinafter referred to as the plaintiff) against E. Zh., N. M.M. (hereinafter referred to as the Defendant) for the recovery of funds.
On May 06, 2022, Judge S.K.B. of the Bostandyk District Court of Almaty, having considered the Civil Case No. 7514-22-00-2/2427 dated 05.05.2022 and the petition of the plaintiff Rakhmanov Azamat (hereinafter referred to as the plaintiff) to E.J., N.M.M. (hereinafter referred to as the defendant) for the recovery of funds, the Judge Determined - The Plaintiff's Petition for securing the claim is to satisfy.
On August 18, 2022, the Judge of the Bostandyk District Court of Almaty, T. R.A., decided to refuse to satisfy the claim of R.A. to E.J., N.M.M. for the recovery of the principal debt and penalties.
On November 23, 2022, the Judicial Board for Civil Cases of the Almaty City Court, consisting of judges R.A.E., K.A.N., M.N., with the participation of a representative of the plaintiff R.A. on behalf of B.R.V., the defendant N.M.M., the representative of the defendants E.J., N.M.M. on on behalf of lawyer Sarzhanov G.T., N.N.N., having considered the civil case in open court, decided:
Satisfy the application of Rakhmanov Azamat dated June 16, 2022 for the restoration of the statute of limitations.
Decision The decision of the Bostandyk District Court of Almaty dated August 18, 2022, issued in this civil case, should be amended.
Decision on the refusal to satisfy the claim of R.A. to E.Zh. for recovery of the amount due under the contract of sale of equipment of Vivat Express LLP On March 28, 2016, the amount of the principal debt of 10,200,000 tenge should be canceled and a new decision on the satisfaction of this claim should be made.
To collect from E.Zh. in favor of R.A. a debt in the amount of 10,200,000 (ten million two hundred thousand) tenge.
The decision to dismiss R.A.'s claim against E.J. for the recovery of a penalty in the amount of KZT 6,336,222 should be changed, canceling the decision regarding the refusal to recover a penalty in the amount of KZT 2,582,214, and to make a new decision on partial satisfaction of this claim.
To collect from E.Zh. in favor of R.A. a penalty in the amount of 258214 (two hundred and fifty-eight thousand two hundred and fourteen) tenge.
Leave the rest of the solution unchanged.
To collect from E.Zh. in favor of R.A. the costs of paying the state duty in the amount of 103531 (one hundred three thousand five hundred and thirty-one) tenge.
To collect from R.A. in favor of N.M.M. the costs of paying for the representative's assistance in the amount of 50,000 (fifty thousand) tenge.
The appeal of the plaintiff R.A. is partially satisfied.
As part of the interim measures, the bailiff seized the property owned by E.Zh.:
- 702 Zhaugash Batyr str., Koktogan village, Karasai district, Almaty region;
- Almaty, Miras district, house 157/4 sq.42;
- Almaty, Rozybakieva St., 237 sq.86.
E.Zh. also owns an Infiniti brand vehicle with GRNZ 707 AAT 02 year of manufacture 2019.
According to the report on the valuation of real estate No. A-2022-190/3 dated 12/14/2022, owned by E.Zh. located at 237 Rozybakieva St., 86 sq.m., Almaty, it amounts to 93,229,655 tenge, which exceeds the amount of debt by the decision of the court of appeal several times. In this regard, there is no need to encumber the rest of E.Zh.'s property.
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.
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.
160 of the Civil Procedure Code of the Republic of Kazakhstan, where the enforcement of a claim may be revoked by the same court at the request of a person participating in the case, the parties to the arbitration proceedings, or on their own initiative. The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits.
On the grounds of the above and guided by art. 160 of the CPC RK,
I ask the court
To cancel the court ruling of May 06, 2022, Judge K.B. Salykbayeva of the Bostandyk District Court of Almaty.;
To make a determination on the removal of encumbrances from the property belonging to the defendants N.M.A.;
To make a ruling on the removal of encumbrances from the property belonging to the defendant E.Zh. with the exception of real estate located at the address of Almaty.Rozybakieva house 237 sq.86;
With respect
Representative by proxy:
_________/Nurlanov N.N.
"___"___________2022 G.
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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