FIRST COMMERCIAL COURT
(There is a Request for Decision on Suspension of Proceedings)
FILE NO :
CLAIMANT :
ATTORNEY :
DEFENDANT :
CASE : Negative Determination.
DATE OF LAWSUIT :
VALUE BASED ON THE FEE :……….. TL (…………)
SUBJECT: The defendant’s request for the cancellation of the cheque of ……… TL due to the fact that the cheque given to the defendant in return for the contract remains free of charge, and to decide on the execution compensation against the defendant.
EXPLANATIONS : 1- In accordance with the ‘authorised dealership agreement’ signed between the representative and the defendant, the defendant markets the plaster and plaster products of the defendant company. Although the first contract expired on ………, it was renewed and continued with the desire of the parties 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 cheque was given to the plaintiff with the cheque collection receipt numbered …./…./…….. as a guarantee (…..).
Place and date of issue : …….,/……..
Cheque Serial No. : .
Quantity : ………
Bank Şb. : ……Bank ……….Şb.
Submission date : ………
3- The supply of goods to the plaintiff was terminated on ……….. Even cheques issued for other accounts were tried to be offset against the debt. (…………)
EVIDENCE : Dunning notice, cheque copies (….) C. Chief Public Prosecutor’s Office’s Hzr. ………. numbered file, (…..) Execution Directorate’s ……… numbered files where the cheque 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 cancelled, 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 Representative
Hunting……………….
(SIGNATURE)
ANNEX: