APPLICATION FOR RESTORATION OF THE MISSED PROCEDURAL TIME LIMIT FOR FILING A PRIVATE COMPLAINT

To the Taraz City Court

of the Zhambyl Region

From the Defendant: SED

IIN: ....

Representative under Power of Attorney:

Law Firm “Zakon i Pravo”BIN 201240021767

Office 304, 79 Abylai Khan Avenue,

 Almatyinfo@zakonpravo.kz / www.zakonpravo.kz

+7 708 971 78 58; +7 727 971 78 58

APPLICATION

for Restoration of the Missed Procedural Time Limit for Filing a Private Complaint

On 12 August 2026, the Taraz City Court of the Zhambyl Region issued a ruling in civil case No. 3110-26-00-2/5699 approving a settlement agreement between Lym A.S. and Sym E.D., pursuant to which S E.D. undertook to pay Lym A.S. KZT 31,600,000.

The time limit for appealing the said ruling was missed due to the fact that, at the time of conclusion of the settlement agreement and after its approval, S E.D. was under psychological pressure from Lym A.S., which involved threats to contact law enforcement authorities and have him prosecuted for fraud.

Not possessing specialized legal knowledge, S E.D. did not realize that he was entitled to challenge the receipt that had in fact been drawn up under the circumstances described above, or to appeal the court ruling approving the settlement agreement. After the ruling was issued, he believed that the dispute with Lym A.S. arising from the funds transferred for the purchase of a vehicle had been finally resolved by entering into the settlement agreement.

However, subsequently, Lym A.S. again filed a claim with the court against S E.D. and other persons, this time directly referring to Agreement No. 214 dated 2 March 2026 and seeking recovery of the debt arising from the same underlying legal relationship. In the new statement of claim, Lym A.S. expressly states that the funds in the amount of USD 210,000 were transferred in connection with the performance of Agreement No. 214 and were intended for the purchase of a vehicle.

It was only after the new claim was filed that S E.D. realized that the dispute had not, in fact, been finally resolved by the previously concluded settlement agreement, following which he sought qualified legal assistance.

Only after the lawyers had examined Agreement No. 214, the receipt, the initial and new statements of claim, as well as the court ruling, was S E.D. advised of his right to challenge the circumstances under which the receipt had been executed and to appeal the ruling approving the settlement agreement.

After receiving legal advice, S E.D. took measures to protect his rights without undue delay, including contacting the police authorities regarding the pressure exerted upon him and preparing the present private complaint.

Thus, the failure to comply with the procedural time limit was not caused by any intentional inaction on the part of the Defendant, but rather by his misunderstanding of the legal consequences of the settlement agreement, his lack of legal knowledge, and the prior pressure exerted by the Plaintiff. The necessity of appealing the judicial act became apparent to the Defendant only after Lym A.S. filed the new claim and the Defendant obtained qualified legal assistance.

Pursuant to Article 126 of the Civil Procedure Code of the Republic of Kazakhstan, a missed procedural time limit may be restored by the court where the reasons for missing such time limit are recognized as valid.

Based on the foregoing and pursuant to Article 126 of the Civil Procedure Code of the Republic of Kazakhstan,

I HEREBY REQUEST THE COURT TO:

Restore the procedural time limit missed by the Defendant, Su E. D., for filing a private complaint against the ruling of the Taraz City Court of the Zhambyl Region dated 12 August 2026 in civil case No. 3110-26-00-2/5699 approving the settlement agreement and terminating the proceedings in the case.

Respectfully,

Representative under Power of Attorney:

Kengesbek I.M.

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