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Sample Petition for restoration of the procedural term

Sample Petition for restoration of the procedural term

To the Bostandyk District Court of Almaty

Republic of Kazakhstan, Almaty, 050043,

Orbita 2- residential district, 20 A.

From the Applicant: __________________

IIN: __________________.

address: __________________

bodys: __________________

Representative by proxy:

Sarzhanovgalymzhanturlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002,

50 Zhibekzholy Ave., office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

Defendant: Private bailiff

Executive district of Almaty city,

____________________

IIN :____________________

address: _________________

bodys: ______________

The petition

on the restoration of the procedural term

Based on the loan agreement no. ___ dated 04/18/20__, concluded between JSC Bank Center Credit and __________, The bank provided the defendant with a loan of 550,000 euros for a period of 180 months, with an interest rate of 17% per annum, for the purchase of real estate. To secure their obligations under the bank loan agreement, ___________ provided as collateral: 1). an apartment building consisting of seven residential premises, with a total area of 456.7 sq.m., including residential – 195.30 sq.m., with a land plot of 0.0809 Ha, at: __________. __________2). non-residential premises, Letter A, with a total area of 144.50 sq.m., with a share of a land plot of 0.03551 ha, at: __________Guarantees are provided as additional security. __________ and TOO "___________".

In connection with the non-fulfillment of contractual obligations, the bank filed a lawsuit, after which: 11/23/20__ District Court No.2 Auezovsky district of Almaty, consisting of the chairman: judges ___________ with the participation of the plaintiff's representative ___________ acting on the basis of a power of attorney dated 06/08/20__, representative of the defendants ___________. (the power of attorney dated 11/16/20__, having considered in open court in Almaty civil case on the claim of JSC "Bank Center Credit" to ___________, ______________________ JSC "___________"  regarding the recovery of the debt amount, the Court decided: To satisfy the claims of Bank Center Credit JSC. Collect in solidarity with ___________, ___________, JSC "___________" in favor of Bank Center Credit JSC, a portion of the remuneration amount is 10,409,000 (ten million four hundred and nine thousand) tenge and court costs for the payment of state duty 312 270 (three hundred twelve thousand two hundred seventy) tenge.

Sample Petition for restoration of the procedural term

After that, a private bailiff of the executive district of Almaty ___________ valid on the basis of license no. __ dated 02/25/20__, located at 52 V Abaya Ave., office 307, Almaty, on the basis of executive document No. __/20__ dated 06/27/20__ issued by the District Court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with ___________, ___________ and TOO "___________" jointly and severally in favor of Bank Center Credit JSC, a portion of the remuneration amount is KZT 10,409,000 and She initiated legal proceedings for the payment of the state duty of 312,270 tenge  Enforcement proceedings for no. __ dated 05/27/20__ of the year.

According to the claimant's statement on the termination of enforcement proceedings in connection with the passage of the refinancing program, ___________ terminated enforcement proceedings on the above-mentioned writ of execution. As a result, the CSI, by its Resolution approving the amounts of payment for the executive actions performed and the amounts dated 18.10.20__, approved the amount of payment for the bailiff's activities, which amounted to 1,072,127 tenge. The said Resolution was received by the Debtors by mail on 20.10.20__ of the year. On May 26, 20__, the District Court no.2 Auezovsky district Almaty under the chairmanship of a judge ___________ with the participation of the plaintiff's representative ___________., the defendant ___________ simultaneously representing the interests of the defendant ___________. by proxy and LLP "___________", having considered in the premises of the district court in open court the civil case on the claim of Bank Center Credit JSC to ___________, ______________________ LLP "___________" on the recovery of the amount owed, the Court decided: To recover from ______________________, ___________ and TOO "___________"  jointly and severally, in favor of Bank Center Credit JSC, the amount of outstanding principal debt in the amount of 107,640,404 (one hundred seven million six hundred forty thousand four hundred four) tenge.

Also a private bailiff of the executive district of Almaty ___________., valid on the basis of license no. __ dated 02/25/20__, located at: 52 V Abaya Ave., 3rd floor, office 307, Almaty, based on the executive document No. __/20__ dated 06/27/20__ issued by the District court No. 2 of the Auezovsky district of Almaty on recovery in solidarity with ___________, ______________________ and TOO "___________" jointly and severally in favor of JSC "Bank Center Credit" the amount of principal debt in the amount of 107,640,404 tenge and collection from ___________ in favor of Bank Center Credit JSC, the costs of paying the state fee in the amount of KZT 1,076,404, penalties from _____________________ in favor of Bank Center Credit JSC, the costs of paying the state fee in the amount of KZT 1,076,404, penalties from LLP "___________" in favor of Bank Center Credit JSC, the cost of paying the state fee in the amount of 1,076,404 tenge, enforcement proceedings were initiated for no. __ 06.11.20__ of the year.

After the emergency ___________, She carried out a number of actions to enforce the court's decision, thus, on December 22, 2016, by a private bailiff of the executive district of Almaty., ___________, through the Auction, additional collateral was sold, non-residential premises, Letter A, with a total area of 144.50 sq.m., with a share of a land plot of 0.03551 ha, located at: Almaty, Rozybakieva ug./ Bogenbai Batyr str., 66/297 for an amount below the estimated value of 29 594 880 tenge. The winner of the electronic Auction is recognized ___________. as a result of which 28,550,147.50 tenge was transferred to the recoverer's account, the amount of payment for the activities of the CSI amounted to 887,846.40 tenge, the total balance of 156,887 tenge is not known where it was transferred. To date, the remaining debt, according to our calculations, should have amounted to 79,090,257 tenge, but the CSI in its resolutions indicated the remaining debt of 80,355,219 tenge. According to the claimant's statement on the termination of enforcement proceedings in connection with the passage of the refinancing program, ___________ terminated enforcement proceedings on the above-mentioned writ of execution. As a result, the CSI, by its Resolution approving the amounts of payment for the executive actions performed and the amounts dated 09/24/20__, approved the amount of payment for the bailiff's activities, which amounted to 2,410,657 tenge. The said Resolution was received by the Debtors on purpose on 11.10.20__ of the year.

Thanks to the support and foresight of our Nation's Leader, the Guarantor of Statehood and defender of all citizens of the Republic of Kazakhstan, Nursultan Nazarbayev, it was instructed to adopt a program for refinancing housing mortgage loans/mortgage loans for his compatriots in need. It provides for the refinancing of foreign currency mortgage loans to individuals received before January 1, 20__, in tenge at the exchange rate of the National Bank on August 18 20__ of the year. In accordance with the specified program, the Debtors have passed the program, and today they regularly fulfill their contractual obligations.

We have repeatedly offered to reimburse the real costs of the CSI's activities in the amount of about 100,000 tenge and thus settle them peacefully. We have repeatedly received a refusal from the CSI. We filed a corresponding Application to the court within the time limits established by law, namely on 10/23/20__, however, on October 24, 20__, the Judge of the Bostandyk District Court of Almaty ___________ after reviewing the application ___________ and ___________ to the private bailiff of the executive district of Almaty ___________ on the reduction of the amount specified in the resolution approving the amounts of payment for the performed executive actions, The Court Determined That ___________ and ___________ to the private bailiff of the executive district city of Almaty ___________ to return the reduction of the amount specified in the resolution approving the amounts of payment for the performed executive actions with all attached documents.

After that, taking into account the addendum, on 10.27.20__, the relevant Application was repeatedly filed with the court, however, on November 05, 20__, the Judge of the Bostandyk District Court of Almaty ___________ having reviewed the application materials ___________, ___________to the private bailiff of the executive district of Almaty city ______________________ on reducing the recovery of expenses for the commission of executive actions of the CSI, the Court determined: To refuse to accept the application ___________, ___________k to the private bailiff of the executive district of Almaty city ___________ on the reduction of the recovery of expenses for performing executive actions of the CSI. Taking into account all the comments and additions to the Complaint, we are appealing to the court again.

Dear Court, By the Resolutions of 24.09.20__ and 18.10.20__ of the Private Bailiff of the Executive District of Almaty, ___________ on the approval of the amounts of payment for the performed executive actions and the amounts – In such circumstances, we do not agree with the Decision of the CSI on the approval of the amounts of payment for the performed executive actions and amounts, which excludes the possibility of further lifting of all arrests and fulfillment of contractual obligations, issued in violation of the civil procedure law, which limited the rights of participants in civil proceedings guaranteed by the Constitution of the Republic of Kazakhstan and the CPC RK and cannot be recognized as lawful, justified and fair; and they will lead the Debtors' family to even more severe consequences.

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