Abstract: it is understood that the defendant’s commercial books and records have not yet been examined, the court; the defendant is duly given an exact period to submit his commercial books and records, if not submitted, it will be decided according to the existing evidence, and when the commercial books are presented, the decision should be made in writing with incomplete research, while the result should be taken by obtaining an expert report in accordance with the audit.
T.C. Supreme Court 12. Legal Department E: 2018/9280 K: 2018/12521 K.T.: 19.11.2018 Court :Executive Law Court
After the appeal examination is requested by the creditor within the period of the court decision written on the date and number above, the file related to this work was sent to the apartment from the scene and the report organized by the examination Judge for the case file … after hearing and reading and examining all the documents in the file, the work was discussed and considered :
In the creditor’s petition, 3. person … Transport Amb. Renown. and tic. Ltd. Şti.by the court, it was found that the defendant’s objection to the 89/1 foreclosure notice sent from the follow-up file was removed and sentenced to compensation; it was decided to dismiss the case, not to accept that the defendant owed the debtor company out of the case.
89/4 of iik. article; ” if the third party objects to the notice of foreclosure within the period, the creditor proves the opposite of the response of the third party in the Enforcement Court, 338 of the third party. Article 1. he may request that he be punished according to the provision of the paragraph and also sentenced to compensation. The executive Court handles the case on 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 notice of foreclosure. 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 person, iik 68. it can be proved by all kinds of evidence, regardless of the documents listed in the article. In accordance with the clear provision of the said article, the execution court must adjudicate in accordance with the general provisions and conclude.
89/4 of iik. in the case of compensation filed on the basis of the article, expert examination of the evidence, commercial books and records to be shown by the parties is carried out and as of the date of notification, whether the debtor has a final claim that has become desirable from a third party is determined within the framework of the general provisions. In other words, in order for compensation to be ruled according to the article mentioned, it is necessary that the debtor has a final and final claim before the third party as of the date of notification of the foreclosure notice to the third party.
The case is followed by General foreclosure iik 89. … and is related to the third person claim compensation by the court pursuant to Article Ltd. Şti. and debtor … Ltd. Şti.’the defendant, who was given time to issue commercial books, did not submit the books of the third party, the debtor … Ltd. Şti.it is understood that his commercial books have been lost and that he has presented unconfirmed outputs registered 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 attorney of the defendant, according to the first statement request a review of the book, although it could not be reached by an expert witness, the expert report dated 20/04/2016 a statement regarding the business books and records of the court file that the same numbered main 2009/520 is presented and analyzed, again … the first commercial court decision 2010/72 2008/338 principles and numbered under review, it was stated that you will get in the file. In this context, it is understood that the defendant’s commercial books and records have not yet been examined by the court.; in the case of commercial books, the decision should be made in writing with incomplete research, while the decision should be made in accordance with the expert report and the result should be made in accordance with the audit, if it is not submitted, the defendant should be given an accurate period of time to submit his commercial books and records in accordance with the procedure.
Conclusion: 366 of iik for the reasons written above of the court’s decision on the acceptance of the creditor’s appeals. and Humk’s 428. in accordance with the articles (deterioration), the return of the advance fee on request, within 10 days from the notification of the announcement, the way to correct the decision was decided unanimously on 29/11/2018 day.
