Private complaint against the court ruling on the abandonment of the claim without consideration
To the Judicial Board for Civil Cases
Almaty City Court
from the Plaintiff: C. kz LLP
represented by Director D. O.F.
BIN …
Almaty, Tole bi St., .., 13th floor.
8 (727) ……….
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
Private complaint
to determine the Specialized Interdistrict Economic Court of the city
Almaty, December 13, 2024
On December 13, 2024, the Specialized Interdistrict Economic Court of Almaty (hereinafter referred to as the SMEC), composed of the chairman, Judge Baskanbayeva S. S., considered the civil case against the claim of LLP "C. kz" to Kaz LLP. .– 1" on the recognition of acts of completed works as valid, on debt collection, the Court determined to leave the claim without consideration.
The court found that the parties had not provided evidence of a pre-trial settlement of the dispute.
We do not agree with the court's ruling, we believe that the ruling is not legitimate, since we have properly regulated the pre-trial procedure.
We have filed this lawsuit three times. The first claim filed was dismissed by the IESEC Ruling of March 18, 2024, as the court considered that the possibility of applying a pre-trial dispute resolution procedure had not been lost by the parties.
Subsequently, we sent a pre-trial complaint to the defendant, where we received a response due to the refusal of our stated claims. Accordingly, the lawsuit was sent back to the court.
By the decision of the Council of Europe on July 12, 2024, our claim was returned, allegedly because the plaintiff's power of attorney was issued not to lawyer G.T. Sarzhanov personally, but to a law firm where the head of the office is G.T. Sarzhano.
Judge Thyssen V.P. accepted our claim and ordered the preparation of the case on August 14, 2024. On September 4, 2024, Judge Thyssen V.P. conducted the training and that was it. Civil case No.7527-24-00-2/10607 dated 08/07/2024 was stopped until December. We were told that the judge was ill, and then they started saying that she was on work leave. Subsequently, the case was referred to Judge Baskanbayeva S.S., who conducted two trials, and in the second trial the parties moved on to judicial debate. During the entire trial, it was in the last case that the judge never asked questions about the unresolved pre-trial procedure. In other respects, we are not surprised, as evidence has been attached to the claim that we have properly regulated the pre-trial procedure. However, the court announced its decision and stated that the parties had not settled the pre-trial procedure.
According to Article 280, paragraph 2 of the Civil Procedure Code of the Republic of Kazakhstan, a private complaint may be filed against a court ruling to dismiss a claim, and a petition may be filed by the prosecutor with the court of appeal, whose decision is final.
Based on the above and in accordance with art. 280, paragraph 2 of the Civil Procedure Code of the Republic of Kazakhstan,
I ask the Court:
· To cancel the ruling of the Specialized Interdistrict Economic Court of Almaty dated December 13, 2024.
With respect,
Representative by proxy: Kenesbek I.M.
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