Statement of non-jurisdiction from a Law Firm
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To the judge of the specialized interdistrict economic court of Mangystau region
regions to A.T. Bekbolatov.
Representative from the defendant: Lawyer of Law Firm No. 6 AGKA Sarzhanov G.T.
64 Bukhar zhyrau, office, Almaty 15. + 7 (708) 578 57 58.
Statement
on the transfer of the case by jurisdiction
You are investigating civil case No. 4712-18-00-2/1663 on the claim of the State Revenue Department of the Mangystau Region against Serpin Audit LLP on the recognition of illegal audit reports, termination of the contract and recovery of the amount. According to paragraph 2 of Article 29 of the CPC RK, a claim against a legal entity is filed in court at the location of the legal entity according to the constituent documents and (or) the address entered in the National Register of Business Identification Numbers. A claim against an organization without forming a legal entity is filed at its location.
The legal address of Serpin Audit LLP, according to the founding documents, is: Republic of Kazakhstan, Almaty, Auezovsky district, Sayran microdistrict, building 14, ASIYAS Business Center, office No. 3. In addition, according to the disposition of clause 6 of article. 30 of the CPC RK (jurisdiction at the choice of the plaintiff), claims arising from contracts that specify the place of performance may also be filed at the place of performance of the contract. The city of Almaty is also the place of execution of contracts by decree of the Government of the Mangystau region. Since the right to choose a court in this case does not belong exclusively to the plaintiff, and the location of the defendant, as well as the place of performance of the contract is the city of Almaty, the plaintiff's claims are subject to consideration in a Specialized Interdistrict Economic Court in Almaty, at the location of the defendant. We believe that the case should be referred to the Specialized Interdistrict Economic Court in Almaty. Based on the above, and in accordance with Article 34 of the CPC RK,
I ask the court to transfer the civil case No. 4712-18-00-2/1663 on the claim of the State Revenue Department of the Mangystau region to Serpin Audit LLP on the recognition of audit reports as illegal, termination of the contract and recovery of the amount from the Specialized Interdistrict Economic Court of the Mangystau region to the Specialized Interdistrict Economic Court in the city of Almaty.
The list attached to the application: certificate of state registration of Serpin Audit LLP, copy of the warrant
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________ 2019
Attention!
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