Supreme Court 21. Law Department, Base No:2015/13677, Decision No:2015/16643

COURT : Ermenek Court of First Instance
DATE : 11/02/2015
NUMBER : 2014/510

The defendants requested that the injunction issued by the local court in accordance with the tensip decision in the material and non-pecuniary damages lawsuit filed by the plaintiffs be decided to be lifted by accepting their objections to the injunctive relief decisions and the injunction placed on all their rights and receivables.
The court has decided on the partial acceptance of the request as specified in its decision.
According to the judgment, one of the defendants, Ermenek Cenne Lignite Coal Enterprises Ltd. Şti. after it is understood that the appeal request is in due course upon a hearing appeal by the deputy and the papers in the file are read with the report prepared by the Examining Judge and the case related to the decision to be appealed is determined by Article 438 of the Code of Civil Procedure. since it does not comply with any of the conditions specified in the numbered and limited in the article, after the decision was made to reject the request for the judicial review of the Supreme Court, the need for the work was considered and the following decision was determined.

K A R A R

1.The decision subject to appeal is an injunction decision of the local court as of 15.12.2014.
389 of HMK No. 6100. according to article 40 and 41 of the law No. 3213 on securities and real estate property of the defendant companies and on the concrete case, it is possible to issue an injunction on the subject of the dispute by the court. Born to be born with all the benefits of the ingredients within the framework of the benefits to 75% of lien shall be limited to the adoption of precautionary measures in the nature of the future of progress 555.000,00-TL Enterprises Company Limited by defendant within the General Directorate of entitlement to and receivables to be taken for injunctive relief in the nature of a lien, 555.000,00-TL Ziraat Bank Branch case will be opened through the file HP quarterly futures account warehouse to be, …” it has been decided and the decision as to the nature of liens or written decision.
With the decision made by the court at the hearing dated 11/02/2015 on the objection of the defendants against the injunction lien decision; “…Partial acceptance of the defendant’s objections against the injunction decisions,
In addition to the letters of guarantee, the value of the case is limited to the continuation of the injunction decision on the defendants’ securities and real estate assets, including the removal of the injunction orders in the form of an injunction placed on the defendants’ letter of guarantee due to the case,
3. Individuals, private persons, companies, institutions as of the date of the case, the injunction decisions on the rights of the defendants that were born and will be born will be limited to 50% of the value of the case,
Refusal of the request for an excess,..” the decision has been made, the appeal request is being examined after the aforementioned decision was appealed by the defendant Armenian Cenne Coal Enterprises attorney, by the court with an additional decision dated 05.03.2015 of the General Assembly of the Supreme Court of Law on the Unification of Case Law of October 21.02.2014 of 2013.1 E. 2014/1 K. it was decided to reject the appeal request on the grounds that the appeal path cannot be taken in connection with the request for an injunction by the numbered decree.
By the court, dated 15.12.2014 “nature liens” the decision as a precautionary measure as a result of characterization by giving the wrong meaning denial of the request for appeal is against the law and a court decision procedures and is dated 05.03.2015 removed on the basics of snap judgments that must be entered.
2. According to the articles in the file, the evidence on which the decision is based and the legal reasons, the defendant, Ermenek Cenne Lignite Coal Enterprises Ltd. Şti. rejection of other appeals that fall outside the scope of the following subparagraph,
3. One of the plaintiffs, Ermenek Cenne Lignite Coal Enterprises Ltd., is one of the plaintiffs. Şti. it Has Candies with Mining Energy Nak. Insh. Renown. Tic. Ltd.It is understood that he died as a result of an occupational accident that occurred on 28.10.2014 at a mining enterprise owned by Şti.
While Article 257/1 of the JUL states that precautionary foreclosure may be requested due to a money debt that has not been secured by pledge and has expired 2. in this section, it is explained in which cases a precautionary lien may be requested due to an overdue debt.
It is clear that in the concrete case, a harm has occurred on the basis of a wrongful act. Only the disability rate and the defect status should be in contention. In cases of compensation arising from a tort, the liability for compensation becomes muaccel as of the date of the incident. In this case, the ways of provisional legal protection, which is one of the recent precautionary foreclosures proof condition has occurred, the court to which the plaintiff’s lien receivables and concretely regarding real estate or immovable properties aciklatild prompt after the plaintiff’s claim and the defendant in accordance with the commercial life of the company, so it does not affect “the proportionality of the measures” foreclosures agreed appropriate precautionary principle you should be on while you do not comply with these principles and procedures to be decided in that manner is against the law and is the cause of destruction.
In that case, one of the defendants, Ermenek Cenne Lignite Coal Enterprises Ltd. Şti. appeals of his deputy aimed at these aspects must be accepted, and the provision must be overturned.
CONCLUSION: For the reasons described above,
1-The additional decision of the court dated October 05, 2015 is to be abolished and entered into the merits of the work,
2-If the decision of the local court is OVERTURNED, if the appeal fee is requested, one of the defendants, Ermenek Cenne Lignite Coal Enterprises Ltd. His extradition was decided unanimously on 15.09.2015.