Negative Determination Petition Sample
TO THE HONORABLE JUDGE
REQUEST FOR AN INJUNCTION
THE PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
SUBJECT : Negative Determination
VALUE :…….
EXPLANATIONS :1-Our client runs a boutique. He agreed to buy men’s and women’s trousers from the Defendant, who has a clothing workshop, in accordance with the contract dated ……. between them.
2-My client has given the defendant the promissory notes for the goods that he bought on credit according to the contract on the date of the contract. The dates and amounts of the promissory notes were also written in this contract.
3-After the contract date, there was a big fire in the site where the defendant’s workshop was located and the defendant’s shop was heavily damaged. The defendant told our client that he would bring the goods as soon as possible by procuring them from third parties if necessary. He said that the promissory notes were also burned in the fire and that they could prepare new ones when he delivered the goods. Our client trusted the defendant and accepted. However, although a reasonable time has passed, the goods belonging to our client have not arrived.
4-The defendant also took a precautionary attachment on the promissory notes that he had received from our client and which were due, as well as on the promissory notes that were not yet due, ……. Enforcement Directorate’s file numbered ……. The defendant made a follow-up with the file numbered .
5-Our client has no debt to the defendant. Our client is a serious merchant who keeps all kinds of official books and invoice records regularly. The contract is clear. The promissory notes were given against the goods to be delivered by the defendant. The promissory notes he gave for the goods he ordered from the defendant were recorded in the foreign exchange book. The goods have not been delivered to our client.
6-Therefore, it has become necessary to file this lawsuit.
7-We request the determination that our client has no debt to the defendant and the cancellation of the promissory notes executed by the defendant.
EVIDENCE : Contract, Execution File and all kinds of legal evidence.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST : For the reasons explained; with the acceptance of our lawsuit, the determination that our client is not indebted to the defendant, the cancellation of the promissory notes given in accordance with the contract, and the cancellation of the ……. Enforcement Directorate ……. We request that an Interim Injunction Decree be issued to stop the proceedings with the file numbered Esas, that the defendant be punished with 40% compensation, that the costs and judicial expenses be imposed on the other party, and that the counterparty attorney fee be awarded on our behalf as an Attorney in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF