T.C. SUPREME

15.Legal Department
Basis: 2016/3350
Decision: 2016/3809
Decision Date: 12.07.2016

CREDIT CASE – IF FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE GIVEN PERIOD, IT WILL BE DECIDED TO CONSIDER THE DECISION NOT APPEALED, AND THE HUMK ARTICLE WILL BE APPLIED IN COMPARISON TO THE APPEAL OF THE DECISION – THE NEED TO COMPLETE THE MISSING FEES AND EXPENSES

Summary: provisional 3 of HMK No. 6100. 434/last article of Humk No. 1086, which must be applied by sending an article, will pay all the necessary fees and expenses when filing an appeal, if it is later understood that they are incomplete, they must be completed within a certain period of 7 days, which will be given by the judge or the president of the court, otherwise they will be considered abandoned from the appeal, the appellant will be notified in writing, if the fees and expenses are not completed within the given period, the decision will be considered not appealed, if this decision is appealed, it is arranged that the last paragraph 432/of the Humk will be applied in comparison. According to the provision of this article, incomplete fees and expenses must be completed in order to review the appeals of the defendant’s attorney.

(6100 P. K. Late. m. 3)

Case and verdict: plaintiff .. Inşaat Ticaret ve San. Co. Ltd. with Defendant SS .. Given by the First Instance law judge because of the case between the housing construction Cooperative .. day, and .. the Court of Cassation examination of the provision given in accordance with the violation of the number was requested by the defendant’s attorney and the papers in the file were read and considered.:

It was decided by the court to accept the case, 246.000,00 TL to be given to the plaintiff by taking it from the defendant along with the legal interest to be processed from the date of the case, and the decision was appealed by the defendant’s attorney.

In the examination conducted in terms of the appeal of the defendant’s attorney; it is understood that the defendant’s attorney appealed the decision of acceptance given in the case, with the receipt of the treasurer mutemedi dated 05.01.2016,he deposited a relative 3,150, 79 TL as the appeal decision fee and 143.50 TL as the Application Fee for the appeal. However,when calculating the amount under the provision, the appellate decision fee that must be taken in advance is $ 4,201.65. 1,050.27 TL of missing fees were deposited by the defendant’s attorney.

Temporary 3 of HMK No. 6100. 434/last article of Humk No. 1086, which must be applied by sending an article, will pay all the necessary fees and expenses when filing an appeal, if it is later understood that they are incomplete, they must be completed within a certain period of 7 days, which will be given by the judge or the president of the court, otherwise they will be considered abandoned from the appeal, the appellant will be notified in writing, if the fees and expenses are not completed within the given period, the decision will be considered not appealed, if this decision is appealed, it is arranged that the last paragraph 432/of the Humk will be applied in comparison. According to the provision of this article, incomplete fees and expenses must be completed in order to review the appeals of the defendant’s attorney.

Conclusion: for the reasons described above, it was decided unanimously on 12.07.2016 to return the file to the site to be processed as specified in Article 434/last of Humk for the completion of the missing fees.