Petition to Determine the Status of Being a Member and Partner of the Cooperative
TO THE COMMERCIAL COURT OF FIRST INSTANCE
(Request for an injunction)
prosecutor:
PLAINTIFF’S LAWYER :
THE DEFENDANT:
SUBJECT OF THE CASE : With the determination that my client is a member and partner of the cooperative, my client belongs to apartment 3. request for an injunction to prevent the transfer to persons.
FACTS:
1- My client ………. the defendant is a member of the cooperative and pays his dues regularly.
2- From the defendant cooperative ……… notary public ……….. by making a notice with the date and ………date number, my client ……… (………) He reported that he owed TL and gave it. my client ………. days to pay. The notification in question is to my client’s wife ……….. it has been communicated on its history.
3- Upon the notification in question, my client ……………………………………………………………………………. he put it down.
4- Despite this, the defendant cooperatively told my client …….. history and ………. he was warned with a numbered warning. From my client’s cooperative membership …….. history and ……….. stating that he was excluded from the cooperative membership by a numbered decision ………… from your notary …….. My client was not notified and my client later learned about this situation from other members. Because the signature on the notification letter we submitted in the Oct does not belong to my client.
5- My client later became a member of the cooperative …….. ……..(………..) He learned that the TL debt was deposited to the cooperative account located at the Yenimahalle Branch of the Yenimahalle Bank. The defendant cooperative also took and used this money.
6- …………… according to the article …….-monthly and ………- while two circulars covering daily periods should be issued, …….. it was decided to do it by organizing only a circular covering the days. Get my client out of the cooperative.
7- Based on the aforementioned irregular and unlawful notice and expulsion decision, my client is in the cooperative …….. the numbered apartment ………. we request that it be transferred by auction to be held on its date. In order to prevent the victimization that will arise due to the transfer, the apartment belongs to the client.
8- Despite the expulsion decision taken by the cooperative, the defendant cooperative received and used the dues paid by my client without making a sound. Therefore, according to the established case law of the Court of Cassation, the defendant cooperative is deemed to have canceled the expulsion decision by receiving the deposited dues. For these reasons, it has become necessary for us to open this case with a request for an injunction in order to determine that my client is a member of the defendant cooperative.
LEGAL BASES:
EVIDENCE: My client’s private file in the cooperative and cooperative records, defendant cooperative’s bank records, defendant cooperative’s decisions, my client’s pay slips, warning letters, expert examination and any kind of legal evidence if necessary.
CONCLUSION AND REQUEST: For the reasons mentioned above, I sincerely request and request that our case be accepted and that an injunction be placed on the land registry in order to prevent the transfer of my client’s apartment. 3. it has been decided to prevent the auction from being held on the date of ………, to determine that my client is a member of the defendant cooperative, and to decide to charge the trial costs and attorney’s fees to the defendant. ../../..
Plaintiff Lawyer
Lawyer. ………………
(SIGNATURE)
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