Petition for consideration of the dispute in the general procedure according to the rules of claim proceedings for the recovery of the amount
Specialized interdistrict
Economic Court of Almaty
To judge Sagynbekova G.M.
050008, Almaty, ul. Baizakova, 273 B
8 (727) 333-10-70
020203@sud.kz
from the Defendant: M.B.G. LLP
BEAN ........
Almaty, 194 B. Street, 10th floor, office 1009
+7 705 .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 5758; +7 727 971 78 58.
The petition
on the consideration of a dispute in a general manner according to the rules of claim proceedings
In your proceedings, the civil case No. 7527-24-00-2/8349 dated 06/26/2024 is being considered in simplified (written) proceedings on the claim of R.M. Management Company LLP (hereinafter referred to as the plaintiff) against M.B.G. LLP (hereinafter referred to as the defendant) for the recovery of the amount.
The court adopted a ruling dated July 04, 2024 on the consideration of this civil case in a simplified written manner in accordance with Chapter 21-1 of the CPC RK.
The definition states that the Defendant must provide a reasoned response with evidence to the Claim by July 22, 2024 (inclusive). Also, if the parties disagree with the consideration of the case in a simplified (written) procedure, it is necessary to submit to the court petitions for consideration of the dispute in a general manner according to the rules of claim proceedings.
In accordance with 267-1 of the CPC RK, cases in simplified (written) proceedings are considered by the court according to the rules of Chapter 14 of this Code with the specifics established by this chapter.
The Court also proceeds to consider the case according to the rules of claim proceedings, as indicated in the ruling on the preparation of the case for trial, if: the party has filed a petition; it is necessary to inspect and examine evidence at their location, appoint an expert examination or hear testimony; it is necessary to clarify additional circumstances or examine additional evidence.
Thus, the Court, within the limits of its competence, can consider this civil case in an offline or online format with a ruling on the consideration of the dispute in a general manner according to the rules of claim proceedings.
The defendant does not agree with the plaintiff's claims, as he did not have the opportunity to familiarize himself with the subject of the claim, the nature and scope of the plaintiff's claims and collect the necessary materials to protect his interests.
In order for a comprehensive, complete and objective consideration of the civil case in court, we must familiarize ourselves with the statement of claim and all the attached documents, after which evidence will be presented to the court that may affect the content of the decision.
Based on the above and guided by Articles 267-1, 46 of the CPC RK,
I ASK THE COURT:
· Transfer civil case No.7527-24-00-2/8349 from simplified (written) proceedings to the consideration of the case in the general procedure in the online format.
With respect,
Representative by proxy:
____________/ Sarzhanov G.T.
"___"__________ 2024 the year
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