T.R. SUPREME COURT
15. Law Office
Basis: 2016/3455
Decision: 2016/3829
Decision Date: 12.07.2016
ACTION FOR CANCELLATION OF THE OBJECTION – IF THE FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE GIVEN TIME, THE DECISION WILL BE ASSUMED AS NO APPEAL – THE COURT CANNOT FILE A PROCEDURE TO COMPLETE THE MISSING FEE.
SUMMARY: It has been regulated that if the fees and expenses are not completed within the given time, the decision will be deemed not to be appealed. In order to complete the missing fee, the court decided that HUMK 434/III. It is necessary to take action as specified in the article and then send the file to our Office for an appeal review.
(6100 S. K. Act. Article 3) (2004 S. K. Article 67)
Case and Decision: Plaintiff .. Metal ve Mobilya San. ve Tic. Ltd. Sti. with the defendant .. Furniture Industry and Trade. Inc. Due to the lawsuit between .. Civil Judgeship of First Instance, the decision of .. day and .. was requested by the Supreme Court to be examined by the defendant’s attorney, and the papers in the file were read and discussed accordingly:
The court partially accepted the original lawsuit, determined that the plaintiff is the principal creditor of 206.038.86 TL from the defendant in the follow-up file of the Enforcement Directorate with no. It was decided that the execution denial indemnity be taken from the defendant and given to the plaintiff.
While the petition of appeal was submitted by the plaintiff’s attorney in the defendant-joined file, a total of 3,655.00 TL fee was paid on 03.12.2015, of which 136.00 TL was applied to the appeal procedure and 3,519,00 TL of appeal decision fee (relative).
From the examination of the appeal petition, it is understood that the plaintiff in the defendant-joined file appealed the file in terms of the main lawsuit and the combined lawsuit. In this case, it is necessary to apply separately for the main case and the combined case and to pay the appeal decision fee, while only one appeal and one appeal decision fee (proportional) is charged, so the court’s fee to apply for the appeal in terms of the combined case is 136.00 TL. and appeal decision fee (fixed) of 27.70 TL, a total of 163.70 TL was received.
434/III of HUMK numbered 1086, which should be implemented by sending the temporary article 3 of HMK numbered 6100. The appellant will be notified in writing that all of the necessary fees and expenses will be paid while filing the appeal petition, and if it is found out later that they have been paid incompletely, they must be completed within a 7-day definite period to be given by the judge or the head of the court who made the decision, otherwise, the appellant will be notified in writing that the appeal will be deemed waived. It has been regulated that if the expenses are not completed, the decision will be deemed not to be appealed. For the completion of the missing fee, the court procedural law434/III. It is necessary to take action as specified in the article and then send the file to our Office for an appeal review.
Conclusion: Civil procedure code 434/III. It was unanimously decided on 12.07.2016 that the file be returned to its place in order to take action as specified in the article.
