TO THE COMMERCIAL COURT OF FIRST INSTANCE
(AN INJUNCTION IS REQUESTED)
FILE NUMBER :
APPEAL AGAINST THE DECISION OF WARRANT OF DISTRAINT
DEBTORS:
ADDRESS :
ATTORNEY :
ADDRESS :
OPPONENT
(LENDER) :
ADDRESS :
ATTORNEY :
SUBJECT OF REQUEST: It consists in submitting our objections to the Precautionary Foreclosure decision.
HISTORY OF TEBEL UNIVERSITY : ………
OUR OBJECTIONS: 1- The decision on the precautionary foreclosure issued by your dear court ………. The Executive Directorate ……./…. It was put on enforcement proceedings with the file numbered Esas and implemented. We object to the precautionary foreclosure decision for the following reasons.
2- As can be seen from the copy of the bond sent to us by the Payment Order, the Creditor followed up on behalf of ……… is not a legitimate creditor. As there is no beneficiary of the promissory note, there is no turnover on the promissory note. However,…………. according to the provision, the presence of a promissory note creditor on the promissory note is one of the mandatory elements of a promissory note, which is a foreign exchange note. As it stands, this note does not have the nature of a bond, so a precautionary foreclosure decision cannot be made based on such a document.
3- It is unclear what kind of right he has on the deed ……… clearly liens in favor of the decision ……… it is a violation of the provisions. While the name of the creditor who wants the price of the promissory note to be paid to him must be found in the deed as the beneficiary or beneficiary, the creditor does not have the title of creditor in the following deed. It is also unknown how he holds the ticker.
4- This promissory note was issued to beneficiary C by one of the follow-up debtors ………. due to existing debts, and the promissory note price was paid to the beneficiary at maturity, and the beneficiary informed that he would return the promissory note after a while by giving a precautionary receipt with a bet, since the bond was not in his possession at that time. As we will present in more detail in the decency determination case we will open against the creditor, the deed was not taken from the beneficiary due to the trust relationship between them.
5- Due to the execution of unfair precautionary seizure, the vehicles of my clients have been confiscated, and my clients have suffered losses. For this reason, there is a guarantee that we will open a compensation case against the creditor and ………. The Executive Directorate ……./…. Since we have objected to the enforcement proceedings made with the file numbered Esas, it is necessary to take measures to ensure that the security is not returned to the creditor by placing a measure on the creditor’s guarantee in front of your court until the cases are concluded.
6- Accordingly, in order to remove the wrongful injunction and take measures to prevent the return of the amount of collateral deposited before the court to the creditor, it was necessary to open this case in order to put a measure on the collateral.
LEGAL REASONS :
EVIDENCE : ……… The Executive Directorate …./…. The main numbered file, the receipt of the measure and all kinds of legal evidence if necessary.
Conclusion and request : for the reasons described above, our acceptance of this appeal, with the abolition of liens or decision, appeal to the executive proceeding to litigate because of negative clearance and compensation and we appeal to the creditor, and the creditor to be paid until the case is concluded in the case of our collateral and litigation costs and attorneys ‘ fees against the opposite side of yukletilm decided by proxy with respect to supply and demand. ../../..
Debtor Attorney
Attorney…………………
(SIGNATURE)
