Petition For Negative Determination (Request For Cancellation Of Check Due To Payment)
TO THE COMMERCIAL COURT OF FIRST INSTANCE
(There is a Request for Decision on Suspension of Proceedings)
FILE NO :
CLAIMANT :
ATTORNEY :
DEFENDANT :
CASE : Negative Determination.
DATE OF LAWSUIT :
VALUE BASED ON FEES :……….. TL (…………)
SUBJECT: It is the request of the defendant to cancel the check of ……… TL due to the fact that the check given to the defendant in return for the contract remains free of charge and to decide on execution compensation against the defendant.
EXPLANATIONS : 1- In accordance with the “authorized dealership agreement” signed between the defendant and the defendant, the defendant markets the plaster and plaster products of the company. Although the first contract expired on ………, it was renewed and continued with the parties’ desire to continue. The defendant continued to ship the products on …./…./……. in violation of the contract until it stopped shipping the products.
2- During this period, the plaintiff made monthly payments for the goods and the current account continued. However, the following check was given to the plaintiff with the check collection receipt numbered …./…./…….. as collateral (…..).
Place and date of issue : …….,/……..
Check Serial No. : .
Amount : ………
Bank Şb. : ……Bank ……….Şb.
Submission date : ………
3- The provision of goods to the plaintiff was terminated on ……….. Even the checks given for other accounts were tried to be offset against his debt. (…………)
EVIDENCE : Dunning notice, copies of checks (….) C. Chief Public Prosecutor’s Office file no. Hzr. ………. numbered file, (…..) Execution Directorate’s ……… numbered files where the check originals are found, expert examination, discovery, witnesses, etc. evidence.
LEGAL GROUNDS :
CONCLUSION AND REQUEST : Due to the reasons explained above and the reasons that will arise during the hearings, I respectfully request and demand that the proceedings be temporarily suspended and canceled, that the defendant be sentenced to execution compensation not less than ……, and that the judicial expenses and attorney fees be left on the defendant creditor. ../../..
Plaintiff Attorney
Atty…
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