Appeal Of An Acquittal In A Breach Of Contract Case (In The Absence Of A Power Of Attorney)
TO THE 1ST ENFORCEMENT CRIMINAL COURT OF ANTALYA
(To Be Forwarded)
TO THE 8TH ENFORCEMENT CRIMINAL COURT OF ANTALYA
CASE NO.: ……..E.
APPELLANT: …….. Inc.
(PLaintiff)
ATTORNEY: Attorney ………..
DEFENDANT: …………
SUBJECT: This submission consists of our objections to the decision of the Antalya 8th Enforcement Criminal Court dated …………. and numbered ………….
EXPLANATIONS:
The ACQUITTAL decision rendered by the Honorable Court on ………. is contrary to procedure and the law. Specifically:
Enforcement proceedings were initiated by the Antalya Bank Claims Enforcement Office under Case No. ……… regarding the bank’s claim against the debtor/defendant ……… on behalf of our client.
The debtor/defendant, Birdoğan Temurlenk, committed in Case No. ……… of the Antalya Bank Claims Enforcement Office to pay the entire debt in monthly installments beginning on July 26, 2021. However, he failed to make the installment due on January 25, 2022, without any valid reason.
The official commitment document that is the subject of this lawsuit was signed in the presence of ………, Director of the Antalya Bank Claims Enforcement Office.
Pursuant to the commitment document, a power of attorney was also submitted by us to the enforcement file on June 23, 2021. (Exhibit 1)
Documents were requested from the enforcement office in connection with this case; the office responded that no record of the document signed by Trainee Attorney …….., whose signature appears on the commitment document, was found.
Ruling based on this response—which resulted from the enforcement office’s failure to examine the documents registered in UYAP with sufficient care—is contrary to procedure and the law.
The power of attorney sent by us on June 23, 2021, based on the undertaking document, was recorded by the enforcement office under the heading “Request for File Settlement.” (Exhibit 2)
As can be understood, the document signed in accordance with this power of attorney—which was sent on the same date as the undertaking document—retains its legal validity.
CONCLUSION AND REQUEST: For the reasons explained above and to be considered ex officio;
First, we respectfully request that the Honorable Court accept our objection,
and subsequently, since the case file is complete, issue a ruling on the merits and order the punishment of the defendant.
On behalf of the complainant,
Attorney ………….