Declaration Form – Explanation Of The Subject Matter Of The Witness’s Statement (Commercial Court)
ISTANBUL …. CIVIL COMMERCIAL COURT TO THE HONORABLE PRESIDENCY
CASE NO: 2013/…….. Main Case
PLAINTIFF:
ATTORNEY: Attorney
DEFENDANT:
SUBJECT: This petition contains our statements regarding the subject matter of the testimony and our response to the document submitted by the defendant.
EXPLANATIONS
The receipts presented by the defendant at the hearing on ………………… are not related to the payment as claimed by the defendant. Specifically:
I- The defendant stated at the hearing on …………………… that he had paid his debt to the client and presented two receipts showing that this payment had been made. This claim is unfounded; upon examination of the receipts, it is clear that the payments were made in relation to the vehicle loan. Moreover, it is clearly and explicitly stated on the receipt that the money deposited was collected as a lien release fee, and this money was paid directly to the bank where the defendant had a loan debt, from the client’s own account, on condition that it be an advance payment for the sale. This proves our claims, showing that the defendant’s claims have been unfounded from the outset.
II-Hearing the witnesses named by us will make the incident clearer and more transparent. Namely;
The client wanted to purchase the bus, half of which was owned by the defendant, from the other partner, …………………….. A.Ş. When the sale process began, due to the existence of a lien on the vehicle, the lien amount was paid by the client as a sales advance, and the lien on the vehicle was lifted. However, due to other liens on the vehicle arising from other debts, the sale was abandoned, but the debtor did not return the advance payment made by the client.
Believing that he would purchase the vehicle, the client even began procedures related to operating the minibus.
Hearing the testimony of the witnesses whose names are provided will clearly and unequivocally establish that there was a purchase and sale relationship between the debtor and the client company’s representative, that the money paid by the client to the bank was deposited as a down payment for the vehicle, and that the lien on the vehicle was lifted with this amount paid by the client.
We request that the necessary actions be taken and that our witnesses be heard, and we respectfully submit this to your consideration and approval.