T.C. SUPREME COURT
Date of Decision: 12.07.2016
CASE OF CANCELLATION OF THE APPEAL – IF THE FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE SPECIFIED TIME, IT WILL BE DECIDED THAT THE DECISION WILL NOT BE CONSIDERED APPEALED – DUE TO THE NEED TO TAKE ACTION BY THE COURT TO COMPLETE THE MISSING FEE – SENDING THE FILE TO OUR APARTMENT
ABSTRACT: It has been arranged that if the fees and expenses are not completed within the given period, it will be decided that the decision will be considered as non-appealed. 434/III of the CMB by the court for the completion of the missing fee. it is necessary to process the procedure specified in the article and after that the file should be sent to our Apartment for an appeal review.
(6100 pp. K. Late. m. 3) (2004 P. K. m. 67)
Case and Decision: Plaintiff .. Metal and Furniture Co., Ltd. and tic. Ltd. Şti. and the defendant .. Furniture Industry and Trade. A.Sh. because of the lawsuit between Dec.. Civil Hakimligince given .. days and .. the examination of the numbered provision by the Supreme Court was requested by the defendant’s deputy, and the papers in the file were read, talked about and considered as necessary:
Partial acceptance of the original case by the court, .. The Executive Directorate .. In the main follow-up file No. 206,038.86, it was determined that the plaintiff was the principal creditor from the defendant, the appeal was canceled, the pursuit continued from where it left off, the request for an excess was rejected, the execution denial compensation corresponding to 40% of the original receivable was taken from the defendant and given to the plaintiff, and in the combined case, it was decided to dismiss the case, and the decision was appealed by the defendant-the plaintiff’s attorney in the combined file.
A total of TL 3,655.00 in fees, including TL 136.00 in appeal fees and TL 3,519.00 in appeal decision fees (relative), was deposited on 03.12.2015 when filing an appeal petition by the plaintiff’s attorney in the defendant-merged file.
From the examination of the appeal petition, it is understood that in the defendant-merged file, the plaintiff appealed the file in terms of the original case and the merged case. In this case, while the actual case and the merged case should be appealed separately and the appeal decision fee should be taken, it was understood that only one appeal decision fee and one appeal decision fee (relative) were taken, so that the court received a total of £ 163.70 missing, including the £ 136.00 fee for the appeal from the merged case and the £ 27.70 appeal decision fee (maktu).
provisional Article 3 of HMK No. 6100. article 434 /III of HUMK No. 1086, which must be applied by sending. item paid all of the fees and expenses required when issuing an appeal, the judge who made the decision that was paid in missing them if it is found later on or will be given by the president of the court must be completed within a definite period of 7 days; otherwise, will be deemed to have withdrawn the appeal will be notified in writing of the matters that appeals, fees and expenses has not been completed within a given period of time, if not appealed the decision has not been arranged to be given. 434/III of the CMB by the court for the completion of the missing fee. it is necessary to process the procedure specified in the article and after that the file should be sent to our Apartment for an appeal review.
Conclusion: 434/III of the HUMK for the completion of the appeal fee received for the reasons described above. it was decided unanimously on 12.07.2016 to return the file to its location for processing as specified in the article.