Court Of Cassation Decision On Compensation
T.C YARGITAY .Civil General Assembly Esas: 2011/ 280 Decision: 2011 / 170 Date of Decision: 15.04.2014
Supreme Court Decision
COURT : Ankara 18th Civil Court of First Instance
HISTORY : 22/12/2010
NUMBER : 2010/451-2010/457
At the end of the trial held due to the “Compensation” lawsuit between the parties; Upon the request of the attorney of …Turizm A.Ş., one of the defendants, upon the review of the decision dated 05.05.2009 and numbered 2007/158-2009/154, which was given by Ankara 18th Civil Court of First Instance on the acceptance of the lawsuit, it was reversed by the decision of the 4th Civil Chamber of the Court of Cassation dated 03.05.2010 and numbered 2009/9475-2010/5248 and the file was returned to its place and at the end of the retrial; the court resisted the previous decision.
APPELLANT: Counsel for the defendant ……A.Ş.
DECISION OF THE GENERAL ASSEMBLY OF LAW
The General Assembly of Civil Chambers examined the case and discussed the necessity after reading the papers in the file: The power of attorney or authorization certificate of the defendant’s attorney, Av. … … … who appealed the Local Court’s decision dated 22.12.2010, is not included in the file. After this deficiency is corrected, the file should be returned to the court to be sent to the Court of Cassation.
CONCLUSION : It was unanimously decided on 15.04.2011 to RETURN the file to the court for the completion of the deficiency written above.
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