Request for assistance in obtaining evidence
Specialized Interdistrict Economic Court of Almaty
To Judge Thyssen V.P.
273b Baizakov St., Turksib district, Almaty.
from the Plaintiff: LLP "C.kz»
represented by Director D.O.F.
BIN ……
280, 13th floor, Almaty.
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.
The petition
on assistance in obtaining evidence
There is a civil case No. 7527-24-00-2/7518 under your jurisdiction on the claim of "C" LLP. kz" (Hereinafter referred to as the Plaintiff) to "K..On.-1" LLP (Hereinafter referred to as the Defendant) on the recognition of acts of completed works as valid, on debt collection and penalties.
In the lawsuit, the plaintiff refers to the fact that according to the Acts of Work performed (Hereinafter – ABR) No. 3 dated 01/31/2022 under subcontractor agreement No. 77 dated October 19, 2020, ABR No. 4 dated 01/31/2022 under subcontractor agreement No. 77 dated October 19, 2020, ABR No. 2 dated 01/31/2022 under supplementary agreement dated 10/18/2021, to subcontractor agreement No. 77 dated October 19, 2020, ABR No. 56 dated 12/27/2021, under the supplementary agreement dated 10/18/2021, to the subcontract agreement No. 77 dated October 19, 2020, ABR No. 10 dated 04/29/2021, under the subcontract agreement No. 77 dated October 19, 2020, no amounts were paid for the work performed, filed a lawsuit.
It is especially important to note that the Defendant accepted all the above-mentioned completed works according to the acts and subsequently handed over to the Customer "V..et" LLP. At the time of the transfer of the acts on purpose to the Defendant, he did not sign the acts for reasons we do not understand, i.e. the Defendant had no objection to the construction and installation work and unreasonably did not sign the above acts.
Accordingly, we believe that since the Defendant has submitted all the work on the above-mentioned acts to the Customer of V..t LLP, it is obvious that these acts are signed by the Defendant. However, the Defendant did not provide the signed second copies to the Plaintiff.
In order to ensure a comprehensive, complete and objective consideration of the civil case by the court, we need to demand from the Defendant signed Certificates of completed work (Hereinafter – ABR) No. 3 dated 01/31/2022 under subcontractor agreement No. 77 dated October 19, 2020, ABR No. 4 dated 01/31/2022 under subcontractor agreement No. 77 dated October 19, 2020, ABR No. 2 dated 01/31/2022 under supplementary agreement dated 10/18/2021, to subcontractor agreement No. 77 dated October 19, 2020, ABR No. 56 dated 12/27/2021 under the supplementary agreement dated 10/18/2021, to the subcontract agreement No. 77 dated October 19, 2020, ABR No. 10 dated 04/29/2021 under the subcontract agreement No. 77 dated October 19, 2020.
According to paragraph 4, Article 73 of the Civil Procedure Code of the Republic of Kazakhstan, in the event that the presentation of evidence for the parties and other persons involved in the case is difficult, the court of first instance, at their request, assists them in obtaining evidence.
46 of the Civil Code of the Republic of Kazakhstan, persons participating in the case have the right to file petitions, including for taking measures to secure the claim, to provide evidence, to request additional evidence, to apply conciliation procedures; to give oral and written explanations to the court; to present their arguments on all issues arising during the trial.
Based on the above, in accordance with paragraph 4, art. 73 of the Civil Procedure Code of the Republic of Kazakhstan,
I ASK THE COURT:
· To claim from the Defendant LLP "K..On.S.-1" the following acts of completed works signed between the parties:
1. Act of completed works No. 3 dated 01/31/2022 under subcontract No. 77 dated October 19, 2020;
2. Act of completed works No. 4 dated 01/31/2022 under subcontract No. 77 dated October 19, 2020;
3. Act of completed works No. 2 dated 01/31/2022 under the additional agreement dated 10/18/2021, to the subcontract agreement No. 77 dated October 19, 2020;
4. Act of completed works No. 56 dated December 27, 2021 under the additional agreement dated October 18, 2021, to the subcontract agreement No. 77 dated October 19, 2020;
5. Act of completed works No. 10 dated 04/29/2021 under subcontract No. 77 dated October 19, 2020..
With respect,
Lawyer AK Law and Pravo:
Sarzhanov G.T.
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