A petition from a Lawyer in Almaty for the return of the statement of claim
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Semeysky City Court of the East Kazakhstan region, judge ___________
071400, Semey, Kabanbai Batyr St., 22 8 (7222) 60-10-01, 60-10-33 160206@ sud.kz
from the Defendant: gr. ........., IIN: …………… Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,
Business center Quarter. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
THE PETITION
on the return and abandonment of the claim without consideration
Q, is there a civil case in your case № ........... dated 10/25/20... on the claim of ATFBank JSC against an individual entrepreneur gr. .........,, gr. ........., gr. ........., gr. ........., on the recovery of the amount of debt and foreclosure on mortgaged property. When reviewing the materials of the civil case and the attached documents to the Statement of Claim
However, we did not find the Supplementary Agreement No. 5 dated 05/20/20... to the Bank Loan Framework Agreement №............ dated October 26, 20... to the agreement concluded between JSC ATFBank and IP ........., which we subsequently requested from ATFBank JSC.When examining the above-mentioned document from the bank, we found that jurisdiction was violated in this civil case, since according to clause 1.4., Supplementary Agreement No. 5., amendments and additions were made to clause 7.4. The Framework Agreement of the bank loan No.MK210-20... dated 10.26.20..., which states "Paragraph 7.4 of the Agreement should be amended and read as follows: "7.4. In the event that the parties are unable to reach an agreement on claims and disputes within 15 (fifteen) calendar days from the date when one of the parties first notifies the other party of such claims and disputes, all disputes, disagreements, claims arising in connection with this agreement or relating to a violation of the terms of the Agreement are subject to final to be resolved in the International Arbitration Court "IUS" in accordance with its current regulations. The decision of the International Arbitration Court "IUS" is final. Place of dispute resolution: Republic of Kazakhstan, Almaty"".According to Article 32 of the CPC RK, it is established that the Parties may, by agreement between themselves, change the territorial jurisdiction for a given case, including in cases pending before the court, This article provides for the right of the parties to change the territorial jurisdiction on the basis of an agreement between them. Such an agreement is binding on both the parties and the court and must be expressed in writing.The agreement on jurisdiction by the parties was stipulated in the concluded Supplementary Agreement No. 5 dated 05/20/2010 to the Bank Loan Framework Agreement No.MK210-2006 dated 10/26/20... concluded between ATFBank JSC and IP ...................., before the case is considered in court.As stipulated in clauses 7, 1, Article 152 of the CPC RK, the Judge returns the statement of claim.,
if an agreement has been concluded between the parties in accordance with the law on the transfer of the dispute to arbitration, unless otherwise provided by law. On the return of the statement of claim, the judge issues a ruling in which he indicates which court the person should apply to if the case is not within the jurisdiction of this court, or how to eliminate the circumstances preventing the initiation of a civil case. The ruling must be issued within five working days from the date of receipt of the statement of claim to the court and handed over or sent to the plaintiff with all attached documents. A private complaint may be filed against the court's ruling on the return of the statement of claim, or a petition may be submitted by the prosecutor to the court of appeal, whose decision is final.Based on the above, as well as in accordance with Articles 32, 152 of the CPC RK.
I ASK THE COURT
Civil case No..... dated 10/25/20.... of the year on the claim of ATFBank JSC against an individual entrepreneur ........., gr. ........., gr. ........., gr. ........., on the recovery of the amount of debt and foreclosure on mortgaged property – to return and leave without consideration.
Sincerely, Proxy representative: _______________/ Sarzhanov G.T. "___"___________20... G.
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
