Withdrawal of an objection to a claim for damages in court
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Nauryzbay District Court of Almaty to the Judge ____________.
from the defendant: ____________ IIN ____________
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 5755
the plaintiff: ____________ IIN ____________ Phone: ____________
Response to a claim for damages
Is there a civil case pending in your case №____________ according to the claim ____________ ( next– the Plaintiff) to ____________ represented by ____________ (hereinafter referred to as the Defendant) for damages. We disagree with the Plaintiff's claims for the following reasons. The plaintiff makes claims on the basis of a Purchase and Sale Agreement dated 02/07/20__ (hereinafter referred to as the Agreement), which is allegedly concluded between ____________ in the face of ____________ and ____________. However, we would like to point out that the Defendant did not enter into a Contract with the Plaintiff, the signature on the Contract belongs to ____________ In turn ____________, is not an employee ____________ , She also does not have a power of attorney from ____________ to conclude contracts and receive funds. Thus, ____________. had no authority to conclude a Contract on behalf of ____________ and she acted on her own behalf. By virtue of paragraph 1 of Article 166 of the Civil Code of the Republic of Kazakhstan, a person who permanently and independently represents on behalf of entrepreneurs when concluding contracts (a commercial representative) acts on the basis of a written agreement containing instructions on the powers of the representative, and in the absence of such instructions, also a power of attorney. In accordance with paragraph 2 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts. According to paragraph 2 of art.157-1 of the Civil Code of the Republic of Kazakhstan, an invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its commission, unless otherwise provided for by this Code, legislative acts of the Republic of Kazakhstan or follows from the substance or content of the transaction.
Withdrawal of an objection to a claim for damages in court
It follows from the receipts attached to the statement of claim that the Plaintiff did not pay the money to the Defendant, but transferred it to a personal card account. ____________. Thus, the Defendant did not assume any obligations to the Plaintiff and did not receive any funds from the Plaintiff. Withdrawal of an objection to a claim for damages In addition, the Plaintiff submits to the court a receipt for the receipt order No. __ dated 02/07/20__ (hereinafter referred to as the Receipt), but does not submit a fiscal receipt from ____________, We would like to draw your attention to the fact that in The amount of the receipt is indicated in a foreign currency, that is, in the amount of ____________ $. In accordance with paragraph 1 of Article 7 of the Law of the Republic of Kazakhstan "On Currency Regulation and Currency Control" (hereinafter referred to as the Law), payments and (or) money transfers for currency transactions of residents and non–residents are carried out through bank accounts with authorized banks in accordance with the procedure established by the currency legislation of the Republic of Kazakhstan.
It is allowed to conduct without opening and (or) using bank accounts in authorized banks: 10) payments by issuing (transferring) a check or bill of exchange. According to clause 3, clause 1, Article 1 of the Law, currency transactions: - transactions related to the transfer of ownership and other rights to currency valuables, as well as the use of currency valuables as a means of payment. In accordance with clause 2, clause 1, Article 1 of the Law, currency values are: - foreign currency. Thus, the Receipt cannot be recognized as evidence in this civil case. According to paragraph 1 of Article 68 of the Civil Code of the Republic of Kazakhstan, each evidence is subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case. Considering the above, it can be seen that the claim is not brought against the person who should be responsible for the claim. In this regard, the Plaintiff needs to apply for the replacement of an improper defendant. ____________ in the face of ____________ to the proper defendant ____________.
Withdrawal of an objection to a claim for damages in court
In accordance with Part 1 of Article 50 of the CPC RK, replacement of the defendant is allowed before the start of consideration of the case on the merits in the court of first instance. The court, having established that the claim was brought against the wrong person who should be responsible for the claim, may, at the request of the plaintiff, without terminating the case, allow the replacement of the improper defendant with the proper one. After the replacement of an improper defendant, the preparation of the case and its consideration at the court session are carried out from the very beginning. The term of consideration of the case is calculated from the date of completion of the preparation of the case for trial. Based on the above,
I ask the Court:
1.Claims ____________ to ____________ – leave without satisfaction.
Sincerely, G.T. Sarzhanov, General Director of the Law and Law Law Company LLP.
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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