…… TO THE HONORABLE COURT
REQUEST FOR PROVISIONAL MEASURES
PLAINTIFF: ……
ATTORNEY: ……
DEFENDANT: ……
SUBJECT: Negative Determination
VALUE: ……
EXPLANATIONS: 1-Our client operates a boutique. Pursuant to the agreement dated ……. between them, he agreed to purchase women’s and men’s pants from the Defendant, who owns a clothing workshop.
2-My client gave the Defendant the promissory notes for the goods he purchased on credit in accordance with the agreement on the date of the agreement. The dates and amounts of the promissory notes are also stated in this agreement.
3-After the contract date, there was a major fire at the site where the defendant’s workshop is located, and the defendant’s shop was severely damaged. The defendant told our client that he would procure the goods from third parties as soon as possible if necessary. He said that the promissory notes had also been burned in the fire and that he would prepare new ones when he delivered the goods. Our client trusted the defendant and accepted this. However, a reasonable amount of time has passed, and our client’s goods have not arrived.
4-The defendant also took precautionary attachment on the promissory notes received from our client, both those that were due and those that were not yet due, and pursued the case with the ……. Enforcement Directorate’s file no. …….
5-Our client has no debt to the defendant. Our client is a serious trader who keeps all official books and invoice records in order. The contract is clear. The promissory notes were given in exchange for the goods to be delivered by the defendant. The promissory notes given for the goods ordered from the defendant have been recorded in the exchange book. The goods have not been delivered to our client.
6-Therefore, it has become necessary to file this lawsuit.
7-We request that it be determined that our client has no debt to the defendant and that the promissory notes executed by the defendant himself be canceled.
EVIDENCE: Contract, Enforcement File, and all legal evidence.
RESPONSE PERIOD: 10 days
CONCLUSION: For the reasons stated above, we request that our case be accepted, that it be determined that our client does not owe the defendant any money, that the promissory notes issued under the contract be canceled, that a Provisional Restraining Order be issued to stop the enforcement proceedings initiated by the defendant under file number … of the Enforcement Directorate, even though the defendant has no claim, the defendant is punished with 40% compensation, the costs and legal expenses are borne by the opposing party, and the opposing party’s attorney’s fees are awarded to us as attorneys in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY