Decision On The Contract Of Work
T.C. JUDICIARY
15th Civil Chamber
Basis: 2013/6434
Decision: 2014/273
Date of Decision: 15.01.2014
LAWSUIT ARISING FROM THE CONTRACT OF WORK – THE PLAINTIFF’S ATTORNEY WAIVED THE LAWSUIT – THE PLAINTIFF’S ATTORNEY IS AUTHORIZED TO WAIVE THE LAWSUIT IN HIS POWER OF ATTORNEY – THE DECISION SHOULD BE REVERSED IN ORDER TO PROVIDE A RULING ON THE WAIVER OF THE LAWSUIT
SUMMARY: Although the judgment has been appealed by the defendant’s attorney; since it is understood that the plaintiff’s attorney, Attorney U.Ç., waived the lawsuit with the petition dated … transfer, and that the plaintiff’s attorney is authorized to waive the lawsuit in the power of attorney numbered B… Since it is understood that the plaintiff’s attorney is authorized to waive the lawsuit in the power of attorney with the journal number of B. Notary Office; it is deemed appropriate to overturn the decision in order to make a decision on the waiver of the lawsuit.
(6098 S. Code Art. 470)
Case: Due to the lawsuit between the plaintiff Kuran Dekorasyon İnş.Mob.San ve Tic.Ltd.Şti. and the defendant Natural Saç Bakım ve Güzellik Hiz.Ltd.Şti., the Supreme Court of Appeals examination of the judgment dated 18.07.2013 and numbered 2012/126-2013/125 given by the Istanbul 1st Commercial Court of First Instance was requested by the defendant’s attorney, the papers in the file were read, discussed and considered:
Decision: Although the judgment was appealed by the defendant’s attorney; since it is understood that the plaintiff’s attorney, Attorney U. Ç., waived the lawsuit with the petition dated 27.12.2013, which was also identified, and that the plaintiff’s attorney was authorized to waive the lawsuit in the power of attorney dated 02.03.2009 and numbered 09260 of the 6th Notary Public of Beşiktaş; it was deemed appropriate to revoke the decision in order to ensure that a judgment was made on the waiver of the lawsuit.
Conclusion For the reasons explained above, it was unanimously decided on 15.01.2014 that the decision shall be reversed due to waiver, the appellate objections of the defendant’s attorney shall not be examined for the time being, and the prepaid appeal and Supreme Court of Appeals application fees shall be returned to the appellant defendant upon request.