T.C SUPREME COURT 12.Legal Department Base: 2010/ 33337 Decision: 2011 / 15608 Decision Date: 07.07.2014
The Decision of the Supreme Court
COURT : Bakırköy 1. Executive Civil Court
DATE : 13/10/2010
NUMBER : 2010/1019-2010/1365
The date and number written above were read by the appellant upon the request of the creditor for the examination within the time limit of the court decision, and the file related to this work was sent from the scene to the apartment and discussed and considered as necessary :
Through the attachment debtor by the creditor against the company in pursuit for Negotiable Instruments, sample number 10) where a payment order the debtor to the assignee, have been removed, the debtor due to the resignation of attorney n, refrain from receiving the document in question when it communiqué on 02.03.2010 on documents that were not returned, this time on a permanent employee of the other deputy 17.06.2010 signature upon notification that is sent to the payment order, the trustees dated 22.06.2010 is given to the Executive Office for resigning from the ministry, it is seen that petition.
11 and HUMK of the Notification Law No. 7201.nun 62, 68. in accordance with the articles, it is mandatory to notify the proxy in the cases that are followed by the proxy. The debtor company, Bakırköy 12. it is represented by the power of attorney of the notary public dated 15.05.2009 and numbered 15251 yevmiye. 41 of the Law No. 1136 on Advocacy. in accordance with the article, the attorney’s office of the lawyer who has voluntarily withdrawn from pursuing or defending a particular job for that job continues for fifteen days from the date of notifying his client of the situation. In this case, the fact that the debtor’s deputy resigned after receiving the payment order has no effect on the finalization of the follow-up. In that case, the court’s decision to reject the complaint on written grounds instead of accepting it is incorrect.
CONCLUSION : The decision of the court on the acceptance of the creditor’s appeals is based on the above-mentioned reasons IIK 366 and HUMK 428. according to the articles (ON ITS DETERIORATION), it was decided unanimously on the day 07/07/2011.
