Petition For Declaration – Explanation Of The Subject Of Witness Testimony (Commercial Court Of First Instance)
ISTANBUL …. TO THE HONORABLE PRESIDENCY OF THE COURT OF FIRST INSTANCE
FILE NO: 2013/…….. Basis
THE DEFENDANT
ATTORNEY Atty
DEFENDANT
SUBJECT: It is our petition containing our declarations on which subject to testify and our statements against the document submitted by the defendant.
EXPLANATIONS
The receipts submitted by the defendant at the hearing dated ………………… are not related to the payment as the defendant claims:
I- The defendant declared that he paid his debt to the client at the hearing dated …………………… and submitted two receipts showing that this payment was made. This claim is not appropriate, when the receipts are examined, it is obvious that there are payments made regarding the loan debt of the vehicle. Moreover, it is clearly written on the receipt that the money deposited was collected as a pledge removal fee, which was paid directly from the client’s own account to the bank where the defendant had a loan debt, provided that it was a sales advance. This proves our claims by showing that the defendant’s allegations have been false from the very beginning.
II-The incident will become clearer and clearer with the hearing of the witnesses whose names have been notified by us. Namely
The client wanted to buy the bus, in which the defendant has a half share, from the other partner …………………….. A.Ş., and when the sale transactions started, due to the pledge on the vehicle, the pledge price was paid by the client as an advance payment for the sale and the pledge on the vehicle was removed. However, the sale transaction was abandoned with the placement of liens arising from other debts on the vehicle, but the money paid by the debtor to the client as an advance on the sale was not returned.
The client even started transactions regarding the operation of the minibus with the idea that he would buy the vehicle.
By hearing the witnesses whose names have been reported, it will become clear that there is a purchase and sale relationship between the debtor and the client company official, that the money paid by the client to the bank was deposited as an advance for the sale of the vehicle and that the pledge on the vehicle was removed with this amount paid by the client.
We request that the necessary action be taken and that our witnesses be heard, and we submit it to your appreciation and tensipip.
Plaintiff Attorney
