Apply for retrial
Applicant: (If it is a citizen, state the basic information; If it is a legal person or other organization, please indicate the name, address, legal representative and position)
Interviewee: (If you are a citizen, state the basic situation; If it is a legal person or other organization, please indicate the name, address, legal representative and position)
Requested items:
Facts and reasons:
I am here to convey
Xx people's court
Applicant: (if a citizen, sign and seal; Seal of legal person or other organization)
X year x month x day
[Scope of application]
This instrument is applicable to civil litigants who refuse to accept the final effective judgment of the court and file a retrial request within the legal time.
[Sample Text Display]
Apply for retrial
Applicant (plaintiff in the original trial): a construction and installation company.
Legal Representative: Gao Mou Position: Manager
Address: No.42, Chengguan Road, X City
Respondent (defendant in the original trial): an industry and trade company.
Legal Representative: Zhu. Position: manager.
Address: No.27 Chengxi Road, X City
Cause of action: steel purchase and sale contract dispute
The applicant refuses to accept the judgment of February 1999 (1999) of the people's court of X City, and hereby applies to the people's court for retrial.
Requested items:
1. Revoke the judgment of the People's Court of X District, X City (1999);
2. Refund the payment of 500,000 yuan and pay the liquidated damages of 55,000 yuan.
Facts and reasons:
The applicant and the respondent ×× Industry and Trade Company signed a sales contract on 1997 12 16. According to the contract, x x Industry and Trade Company will supply 300 tons of wire rod produced by Shougang at a price of 1850 yuan, and pay a total payment of 555,000 yuan.
On February 29th of the same year, the applicant of 65438 handed the draft of 500,000 yuan to the industry and trade company, and the following year1October 4th, the applicant of 65438 filed a lawsuit with the people's court of X District, X City, demanding that the industry and trade company refund the payment and pay the liquidated damages. Xx District People's Court ruled that XX Industry and Trade Company will deliver all the remaining 270 tons of wire rod produced by Shougang before May 1998, and ensure that the quality and specifications meet the contract requirements; The applicant has taken away 30 tons of wire rod, and the 50 yuan per ton will be handled by the applicant. However, after the judgment came into effect, x x Industry and Trade Company had no goods at all, and neither executed the judgment nor refunded the payment, which led the applicant to buy steel from other companies. The original judgment found that the facts were unclear, and it was found that x x Industry and Trade Company could supply the goods without investigation, which made the effective judgment impossible to execute and the applicant's legitimate rights and interests could not be realized for a long time.
Based on the above facts, I hereby file a lawsuit with the people's court, requesting the people's court to re-examine the case, annul the original judgment, and order x x Industry and Trade Company to refund the payment of 500,000 yuan and pay 55,000 yuan as liquidated damages, so as to safeguard the legitimate rights and interests of the applicant.
I am here to convey
Xx Provincial Higher People's Court
Applicant: ×× Construction and Installation Company (seal)
Legal Representative: Gao Mou (signature and seal)
March 29(th), 2000
Attachment: 1 A copy of the original judgment;
2. The steel purchase and sale contract between the applicant and the respondent.