In an incident that occurred on September 4, 2018;
On this date, a courier who arrived at the company’s headquarters insisted on “speaking with a company representative,” stating, “I am from the Office of the President; I have come to deliver a magazine that our President sends exclusively to businesspeople,” and handed over a magazine bearing the President’s photograph to a company official, having the official sign a document titled “Courier Delivery Receipt”…
Some time later, the company official learned that enforcement proceedings had been initiated against the company based on a promissory note worth 600,000 USD, as per Case No. 2019/… of the Ankara 2nd Enforcement Directorate…
The company official subsequently filed a complaint with the … Chief Prosecutor’s Office—alleging forgery of official documents and aggravated fraud—while also filing a declaratory judgment action (Article 72 of the Enforcement and Bankruptcy Code) in the Commercial Court.
Regarding the defendant, an appeal was filed against the conviction handed down by the … High Criminal Court in Case No. 2019/… for the crimes of “forgery of official documents” and “aggravated fraud”—pursuant to Articles 37/1, 158, 204, 53, and 63 of the Turkish Penal Code—… Following the Regional Court of Appeal’s 25th Criminal Chamber’s decision to dismiss the appeal on its merits, due to the “finalization of the conviction for forgery,” … The Western Commercial Court, pursuant to Article 74 of the Turkish Code of Obligations, ruled to accept the “declaratory action” filed by the debtor; however, since the defendant-creditor appealed this decision, the ruling has not yet become final…
The defendant-creditor obtained a “provisional attachment order” from the court based on a promissory note worth 600,000 USD and had this order enforced against the debtor’s entire assets (real estate, vehicles, funds in the bank, etc.), so it was not possible to lift the attachment on these assets. This is because the lifting of these attachments is only possible under Article 72/V, Paragraph 2 of the Enforcement and Bankruptcy Code, which requires that “the enforcement proceedings have been canceled”; this, in turn, will only occur once “the judgment in favor of the debtor becomes final”—that is, in 2–3 years…