The application of the Specialized Interdistrict Economic Court for the annulment of the court decision adopted in a simplified manner
Specialized Inter-district 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.
Statement
on the cancellation of a simplified court decision
On July 22, 2024 (the final version of the decision was published on July 22, 2024), the judge of the Specialized Interdistrict Economic Court of Almaty, Sagynbekova G.M., considered civil case No. 7527-24-00-2/8349 in simplified proceedings on the claim of the Limited Liability Partnership RM Management Company against the Defendant M.B.G. LLP for the recovery of the amount.
Guided by Articles 223-226, 267-4 of the CPC, the court decided: To satisfy the claim of the Limited Liability Partnership "Management Company "R.M." to the defendant Limited Liability Partnership "M.B.G." to recover the amount of debt in full. To collect from the Limited Liability Company "M.B.G." in favor of the Limited Liability Company "Management Company "R.M." the amount of 1,590,000 (one million five hundred and ninety thousand) tenge, the amount of penalty in the amount of 159,000 (one hundred and fifty-nine thousand) tenge, the amount of state duty in the amount of 52,470 (fifty-two thousand four hundred and seventy) tenge.
Dear Court, on 07/18/2024, through the judicial office, we discovered Civil Case No. 7527-24-00-2/8349 and on the same day, through the Judicial Office, a Petition was sent to the court to consider the dispute in a general manner according to the rules of claim proceedings.
and transfer from the simplified (written) proceedings to the consideration of the case in the claim proceedings in a general manner in an online format.
However, the court, without taking into account our Petition, decided to satisfy the Plaintiff's claims.
The defendant learned about the court's decision on August 01, 2024, in the courtroom. Also, the Defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and size of the plaintiff's claims and collect the necessary materials to protect his interests, since the decision of the SMCC of Almaty city affects the interests of the defendant.
In accordance with Part 3 of Article 267-3 of the Civil Procedure Code of the Republic of Kazakhstan, the Court notifies the parties, sets a deadline within fifteen working days for the defendant to submit a response (objection) to the statement of claim, accompanied by documents and evidence that substantiate it.
According to Part 1 of art. 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court decision are sent to the parties using means of communication that ensure recording of its receipt, or are issued no later than five working days from the date of the final decision.
It should be noted that: An agreement was concluded between the Plaintiff and the Defendant to develop the design of the website and the website itself for the plaintiff's business activities. All works were accepted by the plaintiff according to the Act of completed works and by the Defendant according to the specified act all works were handed over. Thus, the Act of completed works is signed and sealed by the parties.
According to Article 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, the defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. An application for revocation of a decision is considered in accordance with the rules established by Chapter 21-1 of this Code, taking into account the requirements provided for in part two of this Article. The decision may be appealed by the parties or appealed by the prosecutor on appeal after the deadline for filing an application for revocation of this decision has expired, and if the application has been filed, within one month after the court's ruling on the refusal to satisfy this application.
In addition, the pre-trial procedure for resolving the case was not settled between the parties in accordance with the norms of Articles 152 and 279 of the CPC RK and Article 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff does not comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure have not been lost and have been preserved.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision.
On the basis of the above and in accordance with art. 267-4 of the CPC RK,
I ask the Court:
· To cancel the decision of the Specialized Interdistrict Economic Court of Almaty adopted in a simplified manner on July 22, 2024 on the claim of the Limited Liability Partnership "Management Company "R.M." to the Defendant LLP "M.B.G." on debt collection;
· Consider civil case No. 7527-24-00-2/8349 on the claim of the Limited Liability Partnership "Management Company "R.M." to the Defendant "M.B.G." LLP for the recovery of the amount of debt on the merits in accordance with the generally established procedure.
Sincerely, Representative
by proxy, a lawyer, __________/ Sarzhanov G.T.
"___"__________2024 the year
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
