12 Jan IF THE FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE GIVEN PERIOD, IT WILL BE DECIDED THAT THE DECISION WILL BE CONSIDERED NOT APPEALED AND THE HUMK CLAUSE WILL BE APPLIED IN COMPARISON IN THE APPEAL OF THE DECISION
T.C. THE DECISION OF THE SUPREME COURT
15.law office
Base: 2016/3350
Decision: 2016/3809
Date of Decision: 12.07.2016
CASE OF RECEIVABLES – IF FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE GIVEN PERIOD, IT WILL BE DECIDED THAT THE DECISION WILL NOT BE CONSIDERED APPEALED, AND THE HUMK CLAUSE WILL BE APPLIED IN COMPARISON IN THE APPEAL OF THE DECISION – DUE TO THE NEED TO COMPLETE THE MISSING FEES AND EXPENSES
ABSTRACT: Article 3 of HMK No. 6100. article 1086 / 434 / last article of the HUMK, which must be applied by sending the article, will inform the appellant in writing that all necessary fees and expenses will be paid when filing an appeal, which must be completed within a certain 7-day period to be given by the judge or the president of the court who made the decision if it becomes clear later that they were paid incompletely, otherwise they will be considered to have abandoned the appeal, if the fees and expenses are not completed within the specified time, the decision will be considered not appealed, it has been arranged that if this decision is appealed, the 432 / last paragraph of the CMB will be applied in comparison. According to the provision of this article, incomplete fees and expenses must be completed in order for the defendant’s attorney’s appeals to be examined.
(6100 pp. K. Late. m. 3)
Case and Decision: Plaintiff .. Construction Trade and Industry. Ltd. Şti. and the defendant SS .. The first Instance was awarded by the Civil Court for the case between the Housing Construction Cooperative Dec. days and .. the Supreme Court’s examination of the decision made in accordance with the numbered violation was requested by the defendant’s deputy, and the papers in the file were read, talked about and considered as necessary:
The court decided to accept the case, to take TL 246,000.00 from the defendant together with the legal interest to be processed from the date of the case and to be given to the plaintiff, and the decision was appealed by the defendant’s attorney.
In the examination conducted in terms of the defendant’s deputy appeal, it is understood that the defendant’s deputy appealed the acceptance decision made in the case, deposited the relative 3.150,79 TL as the appeal decision fee and the 143.50 TL as the appeal application fee with the treasurer’s trustee dated 05.01.2016. However, the appeal decision fee, which must be received in advance when calculating the amount under consideration, amounts to 4,201.65 TL. An incomplete fee of 1,050.27 TL was deposited by the defendant’s attorney.
provisional Article 3 of HMK No. 6100. article 1086 / 434 / last article of the HUMK, which must be applied by sending, will inform the appellant in writing that all necessary fees and expenses will be paid when filing an appeal, which must be completed within a certain 7-day period to be given by the judge or the president of the court who made the decision if it becomes clear later that they were underpaid, otherwise they will be considered to have abandoned the appeal, if the fees and expenses are not completed within the specified time, the decision will be considered not appealed, it has been arranged that if this decision is appealed, the 432 / last paragraph of the CMB will be applied in comparison. According to the provision of this article, incomplete fees and expenses must be completed in order for the defendant’s attorney’s appeals to be examined.
Conclusion: For the reasons described above, it was unanimously decided on 12.07.2016 that the file would be returned to its location for processing as specified in Article 434/ last of the HUMK in order to complete the missing fees.
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