Petition Sample For Negative Determination And Suspension Of Execution Proceedings
TO THE HONORABLE JUDGE
Precautionary Measure Requested.
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :Our request to determine that we are not indebted to the defendant due to the check ……. and to stop the enforcement proceedings of this check put into execution by way of injunction against collateral until the case is concluded
EXPLANATIONS: 1- Our client company is engaged in the trade of construction materials. At the end of July ….., 10 customer checks endorsed by our client company …….. ……. placed on the desk in his office in the company to be given to the wholesaler company.
2- Meanwhile, the client company has a commercial relationship with …… San. And Tic. Ltd. Şti. …. ……. and a person from the same company, whose name we do not know, came to visit …… ……..
3- During the meeting that took place in the room of ……. ……., ….. to deal with a customer problem …….. left the persons in question and the room. When he came back, the relevant persons said that they would visit other companies and left the client company.
4- Immediately after these persons left, ….. …….. saw that the checks subject to the lawsuit were not on the desk, and despite all the searches in the company, the checks were not found. On …/…/…., a person who telephoned the client company from ……. counted some of the relevant checks and said that these checks ……. Building Elements San. And Tic. Ltd. Şti. …… ……. and asked whether they would be paid on time. Our client’s company official stated that these checks were stolen and that a lawsuit would be filed regarding them.
5-Application was made to the Chief Public Prosecutor’s Office …… by ……. …….. regarding the crime committed and our application was processed with ../…. Hz. No. has been processed.
6-An application was filed by the Client Company to …… San. And Tic. Ltd. Şti. In order to prevent the collection of the checks stolen by the officials of ….. San. Ve Tic. Ltd. or the third parties they endorsed from the relevant banks and to prevent irreparable damages in the future, an interim injunction was requested to be placed on the checks, ….. Civil Court of First Instance ../…. D. İş Esas , ../…. With the decision of the Civil Court of First Instance dated ../…/…., an interim injunction was placed on the checks subject to the lawsuit and a decision was made to prohibit payment.
7-After the interim injunction decision was taken, within the legal period ……. Civil Court of First Instance ../…. E. With the number …. San. And Tic. Ltd. Şti. A negative declaration and check cancellation lawsuit has been filed against.
8- However, since this injunction was issued in terms of non-payment of the checks by the relevant banks, it is not binding on third parties. Since there is no provision in the injunction decision regarding the non-execution of the checks by third parties, among the stolen checks, ….bank …. with the issue date of ../…/…. Branch Addressee, ….. check numbered …….. account numbered ….., …….-TL check with the amount of …….-TL, of which ….. is the drawer and our client company has endorsement, is executed by the defendant at the …… Enforcement Office with the file numbered ../…. E. numbered file and caused our client’s victimization. Our client has no such debt to the defendant.
LEGAL GROUNDS : HUMK, BK. and Related Legislation
EVIDENCE : Bank Records, Commercial Books, …… AHM ../…. File No. D. İş, ….. Public Prosecutor’s Office ../…. Hz. Document, Execution File, Other Legal and Discretionary Evidence etc.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST : For the reasons stated above, we request that it be determined that we do not owe …….-TL to the defendant due to the check put into execution proceedings, that a preliminary injunction be issued to stop the execution proceedings until the case is concluded, that the costs of the proceedings be charged to the other party, and that the counterparty attorney fee be awarded to us as a lawyer in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
