…… TO THE HONORABLE COURT
Request for Provisional Measures.
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT:…….
SUBJECT:……. We request a determination that we are not indebted to the defendant due to the check and that the enforcement proceedings for this check be suspended by way of precautionary measures against security until the outcome of the lawsuit.
EXPLANATIONS: 1-Our client company trades in construction materials. At the end of July ….., 10 customer checks endorsed by our client company were placed on the desk in the office of the client company partner …….. ……. to be given to the wholesaler.
2-At this time, the representative of …… San. Ve Tic. Ltd. Şti., with whom the client company has a business relationship, …. ……. and an unnamed individual from the same company, …… ……., came to visit.
3-During the meeting in the office of ……. ……, …… …….. left the room to deal with a customer issue. When he returned, the individuals in question left the client company, stating that they would also visit other companies.
4-Immediately after these individuals left, ….. …….. saw that the checks in question were not on his desk, and despite searching the entire company, the checks could not be found. On ../../…, an individual called the client company from …… and stated that he had received some of the checks in question from ……. Yapı Elemanları San. Ve Tic. Ltd. Şti. Representative …… ……, listing them, and asked whether they would be paid on time. Our client’s company representative also stated that these checks had been stolen and that a lawsuit would be filed in relation to them.
5-Regarding the crime committed, ……. …….. filed a complaint with the …… Public Prosecutor’s Office, and our complaint was processed under No. ../…. Hz.
6-The client company requested that a precautionary measure be imposed on the stolen checks by the officials of …… San. Ve Tic. Ltd. Şti. or the third parties to whom they were endorsed, in order to collect the checks from the relevant banks and prevent irreparable damage in the future. The ….. Civil Court of First Instance, with its decision dated ../…. D. Case No. ../…. D. Decision No. ../../…. dated ../../….
7-After the precautionary measure decision was taken, a negative determination and check cancellation lawsuit was filed against …. Industrial and Commercial Ltd. Co. with the number ../…. E. in the …. Civil Court of First Instance within the legal period.
8-However, since this injunction was issued to prevent the checks from being paid by the relevant banks, it is not binding on third parties. As the injunction does not contain any provision regarding the non-enforcement of the checks by third parties, the stolen checks dated ../../…. dated …, drawn on the account number … at the … branch of the … bank, and the defendant has enforced the check in the amount of ….-TL, which was endorsed by our client company, at the … Enforcement Office under file number …/…. E., causing our client to suffer damages. Our client has no such debt to the defendant.
LEGAL GROUNDS: HUMK, BK. And Related Legislation
EVIDENCE: Bank Records, Commercial Ledgers, …… AHM ../…. D. Case File, ….. Public Prosecutor’s Office ../…. Hz. Document, Enforcement File, Legal and Discretionary Other Evidence, etc.
RESPONSE PERIOD: 10 days
RESULT OF THE REQUEST: Based on the reasons stated, to determine that we do not owe the defendant …….-TL due to the check subject to enforcement proceedings, to issue a provisional measure decision to suspend the enforcement proceedings until the outcome of the case, to impose the costs of the proceedings on the opposing party, and that the opposing party’s attorney’s fees be 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