FIRST COMMERCIAL COURT
(REQUESTING AN INJUNCTION)
THE PLAINTIFF :
PLAINTIFF’S ATTORNEY :
DEFENDANT :
SUBJECT OF THE CASE : The request for the determination that my client is a member and partner of the co-operative and the request for a decision to impose an interim injunction on the apartment belonging to my client in order to prevent its transfer to third parties.
FACTS : 1- My client, ………., is a member of the defendant co-operative and pays its dues regularly.
2- The defendant co-operative drew a notice from the ……… Notary ……….. with the date ……….. and date number ……… and notified that my client owed ……… (………) TL and gave my client ………. days to pay it. The said notice was served to my client’s spouse on ………..
3- Upon the aforementioned notice, my client deposited …….. to the defendant co-operative’s account at ………Bank ……… Branch ……… on ………. TL to the account of the defendant co-operative.
4- Despite this, the defendant co-operative issued a notice to my client with a notice dated …….. and numbered ………. from the ………… Notary Public, stating that my client was removed from the membership of the co-operative with the decision of the Board of Directors of the co-operative dated …….. and numbered ……….. However, the said notice was not served to my client, and my client learnt this situation from other members verbally later on. Because, the signature on the notification letter, which we have attached, does not belong to my client.
5- My client then learnt that the co-operative …….. Bank Yenimahalle Branch of the co-operative …….. (………..) TL dues. The defendant co-operative also took this money and used it.
6- In accordance with the article ……………, two notices covering …….-monthly and ………-day periods should have been drawn, but only one notice covering …….. days was drawn and it was decided to dismiss my client from the co-operative.
7- Based on the aforementioned irregular and unlawful warning and expulsion decision, the flat numbered …….. in the co-operative belonging to my client will be transferred through an auction to be held on ……….. We request an interim injunction on the apartment belonging to my client in order to prevent the victimisation that will arise due to the transfer to be made.
8- Despite the expulsion decision taken by the co-operative, the defendant co-operative has taken and used the dues paid by my client without making any noise. Thus, according to the established case law of the Court of Cassation, the defendant co-operative is deemed to have revoked the expulsion decision by taking the deposited dues. For these reasons, it has become necessary to file this lawsuit with a request for interim injunction to determine that my client is a member of the defendant co-operative.
LEGAL GROUNDS :
EVIDENCE : My client’s private file in the co-operative and co-operative records, bank records of the defendant co-operative, decisions of the defendant co-operative, payment receipts of my client, warning letters, expert examination and all kinds of legal evidence when necessary.
CONCLUSION AND DEMAND : For the reasons listed above, I respectfully request and demand that our lawsuit be accepted and that an interim injunction be placed on the title deed record in order to prevent the transfer of my client’s apartment ………. to third parties and to prevent the auction to be held on ………, to determine that my client is a member of the defendant cooperative, and to decide to impose the judicial expenses and attorney fees on the defendant. ../../..
Plaintiff’s Counsel
Hunting. ………………
(SIGNATURE)
ANNEX: