TO THE COMMERCIAL COURT OF FIRST INSTANCE
(Request for an injunction)
THERE IS NO FILE:
PRECAUTIONARY SEIZURE
APPEAL AGAINST THE DECISION
(BORROWERS):
address :
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AGAINST THE PARTY
(VARIEGATED):
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SUBJECT OF THE REQUEST: It consists of the submission of our objections to the precautionary foreclosure decision.
NOTIFICATION DATE : ………
OUR OBJECTIONS :
1- Temporary foreclosure decision issued by your honorable court ………. Of the Enforcement Directorate ……./…. / enforcement proceedings have been started with the numbered file. We are appealing the temporary foreclosure decision for the following reasons.
2- As can be understood from the promissory note copy sent to us together with the Payment Order, the Payee on whose behalf the execution proceedings are conducted ……… is not a legitimate creditor. Just as there is no beneficiary of the promissory note, there is no turnover on the promissory note. However …………. in accordance with its provision, the presence of the creditor of the promissory note on the promissory note is one of the mandatory elements of the promissory note, which is a bill of exchange. In this respect, since this promissory note does not have the nature of a bill of exchange, a precautionary foreclosure decision cannot be made based on such a document.
3- It is unclear what kind of right he has on the promissory note …….. the decision to issue an injunction in his favor is clearly contrary to the provision ……… While the name of the creditor who wants the price of the promissory note to be paid to him should be included in the promissory note as a beneficiary or guarantor, the creditor does not have the title of creditor in the promissory note. follow. It is also unknown how the deed was kept.
Paying payable to beneficiary C, one of the debtors of the case, 4- The promissory note in question was issued due to existing debts and the promissory note price was paid to the beneficiary at maturity, the beneficiary stated that he would return the promissory note by giving the payment receipt after a while on the grounds that the bond was not in his possession at that time. As we will present in more detail in the negative appraisal case that we will file against the creditor, no promissory note was received from the Decider due to the trust relationship between them.
5- My clients’ vehicles have been confiscated due to the application of unfair precautionary foreclosure and my clients have suffered damages. For this reason, as a guarantee of the compensation claim that we will file against the creditor, and ………. ……./…. / since we object to the enforcement proceedings conducted with the numbered file, it is necessary to issue an injunction order about the creditor’s collateral before your honorable court until the cases are concluded and to decide that the collateral should not be returned to the creditor.
6- In this respect, it has become necessary to open this lawsuit in order to lift the temporary seizure imposed unjustifiably and to impose measures on the guarantee in order to prevent the return of the amount of the guarantee deposited with the court to the creditor.
LEGAL BASES:
THE EVIDENCE : ……… …./…. The numbered File of the Enforcement Directorate, the pay receipt and all kinds of legal evidence if necessary.
CONCLUSION AND REQUEST: For the reasons explained above, I respectfully request and submit that the injunction lien decision be lifted with the acceptance of our objections, and that the collateral not be paid to the creditor as a precautionary measure until our objections and lawsuits are finalized. on the grounds that we object to the enforcement proceedings and that we will file a claim for compensation and negative gearing against the creditor, and that the trial expenses and attorney fees will be collected from the other party. ../../..
Representative of the Borrower
Lawyer …………………
(SIGNATURE)
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