Managed to postpone
Office of the Commissioner for the Protection of the rights of entrepreneurs helped a businessman to obtain a delay on the court's decision for payment of the loan
At the end of 2015, the regional Chamber received a letter from an individual entrepreneur Edil Mukhanbetkaliev with a request to assist in the negotiations with the branch Tsesnabank on the suspension of a court decision for a year to pay obligations under the loan agreement (loan for the construction and launch of a mini-dairy plant with a capacity of 2,000 liters shift).
Experts of the legal unit were already familiar with the problems of entrepreneurs, who because of the crisis and the devaluation of tenge could not start production, in this regard he wasn’t able to begin to repay the loan. Initially he objected to the claim of JSC "Tsesnabank", compelling him to pay the debt under the credit line.
At the time of re-appeal the court's decision has already entered into force, the lawyers of the Chamber sent an appeal to the director of the branch of TSB to consider the possibility of postponing the execution of the decision. To what the bank's management responded in the following form: "if there are reasonable and acceptable proposals, the Bank is ready to consider the options and postponement of debt repayment for IE" Mukhanbetkaliev ES"
Meeting the businessman, the experts of the Chamber explained that he needs in further negotiations with the financial institution to submit to the bank financial confirmation of the start of production of dairy products. The experts of the Chamber promoted the mini dairy plant among potential investors, and presented the project at a meeting with the delegation of the Czech Republic led by the Ambassador of the Czech Republic Eliska Zhigova.
Since the businessman didn’t have funds for working capital, the potential investors didn’t show interest to the project. As time went on, the obligation to repay the loan was approaching and the entrepreneur needed deferral of payment as air.
On 5th of April 2016 Ombudsman for the protection of the rights of entrepreneurs Bolat Palymbetov paid a working visit to West Kazakhstan oblast region. Edil Mukhanbetkaliev addressed to him with the request for help. The Business Ombudsman listened attentively to the businessman’s problem, saw an opportunity to address it at the regional level. "There is only good will of the bankers required, we do not see why they should insist on immediate repayment of the loan. It is necessary to convince the bank to delay, thus helping the entrepreneur to start production", - said Bolat Palymbetov, urging the legal unit to resume negotiations with management.
With the support of the legal unit of the Chamber, the businessman appealed to the court to delay consideration of the court decision, but the court # 2 of Uralsk left the decision unchanged. The next step was to appeal to the appellate judicial board on civil and administrative cases of the West Kazakhstan Court. By a decision on 12th of May 2016 the appellate panel of judges granted the private complaint a satisfaction with prolonging the sale of the mortgaged property and foreclosure of debt to December 31, 2016.
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