Petition to the Court of Appeal for reinstatement of the term
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To the Board of Appeal for Civil and Administrative
cases of the Almaty City Court of Almaty,
index__________, street_____________. ________@sud.kz
from the Defendant: LLC "_________________________" INN _________________________
Kurchatov, Kursk region, Russian Federation, ____________________
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov.
BIN 190240029071. Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Plaintiff: LLP "_________________________" BIN _________________________
Almaty, ul. _________________________ +7 _________________________
The petition
about restoring the deadline
__ February 20__ permanent Arbitration "_________________________" ( hereinafter referred to as Arbitration) consisting solely of the presiding arbitrator, _________________________, under the secretary _________________________, with the participation of the plaintiff's representative, _________________________, in a closed session in the Arbitration room "_________________________", located at: Republic of Kazakhstan, Almaty, ul. Kabanbai batyr ____, having considered the arbitration case №_________________________ according to the statement of claim of the LLP "_________________________" (hereinafter referred to as the Plaintiff) to LLC "_________________________" ( hereinafter referred to as the Defendant) on the recovery of the amount owed, DECIDED: the claim of LLP "_________________________" to LLC "_________________________" to collect the amount owed - to satisfy in full; Collect from LLC "_________________________" in favor of the LLP "_________________________" the amount of debt in the amount of 11,055,250.00 rubles, which is equivalent to 67,215,921.09 tenge (at the exchange rate of the National Bank of the Republic of Kazakhstan on the date of __.11.20__ 1 ruble is equal to 6.08 tenge); Collect from LLC "_________________________" in favor of the LLP "_________________________" the amount of the arbitration fee in the amount of 331,657.00 rubles, which is equivalent to the amount of 2,016,475.tenge 41 tiyn (at the exchange rate of the National Bank of the Republic of Kazakhstan on the date of __.11.20__, 1 ruble is equal to 6.08 tenge).. Petition to the Court of Appeal for reinstatement of the term
Petition to the Court of Appeal for reinstatement of the term
The above-mentioned Arbitration award was received by us on "__" March 20__ on purpose, in the Arbitration building "_________________________". Subsequently, the Defendant was going to file a Motion to overturn the Arbitration decision. "_________________________" dated __ February 20__, but in connection with the declaration by the World Health Organization of the new coronavirus COVID-19 as a pandemic In order to protect the life and health of citizens, quarantine has been introduced in many countries, including the Russian Federation, as well as in the Republic of Kazakhstan by President Kassym-Jomart Kemelovich, in accordance with the legislation of the Republic of Kazakhstan, a state of emergency has been introduced throughout the Republic of Kazakhstan. For the period of the state of emergency, temporary restrictions were imposed on the work of all government agencies, including the courts of the Republic of Kazakhstan. The petition to the court of Appeal for the restoration of the term, along with this, the Courts of the Republic of Kazakhstan temporarily did not accept any applications from citizens of the Republic of Kazakhstan. thus, we missed the procedural deadline for filing a petition to overturn the Arbitration decision. Article 464. The Civil Procedure Code of the Republic of Kazakhstan provides that a request for annulment of an arbitral award may be filed by the parties to the arbitration proceedings, third parties not involved in the case, but in respect of whose rights and obligations the arbitration has decided on the grounds provided for by law, within one month from the date of receipt of the award.
The judge returns the petition if the time limit for revocation of the decision established by the first part of this article has expired and there are no grounds for its restoration in accordance with this Code. In accordance with Part 2 of Article 126 of the CPC RK, the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid. 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. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law.
Petition to the Court of Appeal for reinstatement of the term
Based on the above and guided by art. 126 of the CPC RK,
I ASK THE COURT:
o Restore the procedural time limit for filing a motion to overturn the decision of __ February 2020Arbitrage "_________________________", which was issued in its final form on March __, 2020.
Sincerely, Proxy Representative ______________/ Sarzhanov G.T. "___" ____________2020 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.
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