Summary: although I understand the defendant’s commercial books and records, it hasn’t yet been reviewed by the court; the respondent according to the procedure for providing commercial books and records the exact time given, if not presented, the current will be decided according to the evidence with a notice that has been submitted to the commercial registry when the control that are suitable for research when the expert report should be made taking isabetsiz be made in written form is incomplete.
T.C. Supreme Court 12. Legal Department E: 2018/9280 K: 2018/12521 K.T.: 19.11.2018 Court: Executive Law Court
After the report prepared by the audit judge for the case file was heard and all the documents in the file were read and examined, the requirement of the work was discussed and considered. :
In the creditor’s petition, 3. person … Transport Amb. Renown. and Tic. Co. Ltd.it was found that the court had requested that his appeal against the notice of foreclosure 89/1 sent from the follow-up file be removed and sentenced to compensation; it was decided that the defendant company could not accept that it owed the debtor company out of the case, and the case was dismissed.
89/4 of iik. article; “if the third party objects to the notice of foreclosure within the period, the creditor proves in the execution court that the third party’s response is otherwise 338 of the third party. Article 1. he may ask that he be punished according to his clause and also sentenced to compensation. The executive Court handles the case for compensation in accordance with the general provisions” regulation. The subject of compensation contained in the law is the damage suffered by the follow-up creditor due to the fact that the third party made a false statement against the foreclosure notice. In this case, the claimant must prove to the creditor that the third party has made a false statement. Contrary to the statement of the third party, 68 of the first. it can be proved with all kinds of evidence, regardless of the documents listed in the article. In accordance with the open provision of the said article, the execution court must make a judgment in accordance with the general provisions and make a conclusion.
89/4 of iik. as of the date of notification of the notification, it is determined within the framework of the general provisions whether the debtor has a definite claim of nature that has become desirable from the third party by conducting expert examination on the evidence, commercial books and records to be shown by the parties in the compensation case filed on the basis of the article. In order for compensation to be decided in accordance with the article referred to in other words, as of the date of notification of the foreclosure notice to the third party, the debtor must have a final receivable before the third party.
The case was followed by a general foreclosure Route 89. in accordance with the article, the claim for compensation is related to the court, the third party … Ltd. Ltd. and indebted … Ltd. Ltd.’the defendant, who was given time to issue commercial books, did not submit the books of the third party, owed … Ltd. Ltd.however, it was understood that his commercial notebooks were lost and that he offered unconfirmed printouts recorded on the computer. Documents belonging to the debtor with the computer outputs in question, based on calculations in the expert report, defendant 3. it was determined that the person owed the debtor company in the amount of TL 80,233.50. By the deputy defendant, despite the fact that he requested the books to be examined on the spot in his first statement, the expert could not be reached by the expert, in his statement on the expert report dated 20/04/2016, the commercial books and records were submitted and examined in the 2009/520 main file of the same court, again … the Commercial Court of First Instance, 2008/338 Main and 2010/72 decision no. In this context, it is understood that the commercial books and records of the defendant have not yet been examined by the court; if the defendant is duly given a final time to submit his / her commercial books and records, and when the commercial books are submitted with the warning that they will be decided according to the available evidence if they are not presented, the decision in writing with incomplete research should be taken by obtaining an expert report in accordance with the audit.
Conclusion: 366 of iik for the above-mentioned reasons of the court’s decision with the acceptance of the creditor’s appeals. and Humk’s 428. in accordance with the articles (deterioration), the refund of the advance fee on request was decided unanimously on 29/11/2018 day, with the path of Correction of the decision open within 10 days from the notification of the announcement.