Decision On The Invalidation Of The Lawsuit Filed Without The Original Power Of Attorney Or Its Like Original
T.C YARGITAY 12th Civil Chamber Main: 2010/ 33360 Decision: 2011 / 15607 Date of Decision: 07.07.2014
Supreme Court Decision
COURT : Küçükçekmece 1st Execution Law Court
HISTORY : 24/09/2010
NUMBER : 2010/1150-2010/1039
Upon the request of the debtor to examine the above-dated and numbered court decision on appeal within the due date, the file related to this matter was sent to the office from the neighborhood, and it was read and discussed and considered accordingly:
An execution proceeding was initiated by the creditor against the debtor company by way of general attachment, and the payment order sent by the authorized K.Çekmece 4th Execution Directorate was notified to the permanent employee signature on 20.08.2010 as the representative of the debtor company.
Pursuant to Article 67/1 of the Code of Civil Procedure, the attorney who does not provide the original or a copy of the power of attorney cannot file a lawsuit and cannot perform any duty related to the proceedings. However, in cases of delay, the court may allow the attorney to file a lawsuit or carry out procedural actions provided that he/she brings his/her power of attorney “within a certain period of time”. If the power of attorney is not provided within this period or if the principal does not notify the court with a petition that he/she accepts the procedures within the same period, the lawsuit shall be deemed not filed and the procedures shall be null and void.
In the concrete case, in the power of attorney dated 23.05.2008 and numbered 23244 and issued by Bakırköy 32nd Notary Public, it is seen that only Attorney Yalçın Şengül was appointed as the attorney, but
There is no document in the file indicating that a power of attorney was granted or authorized. Although the name of Attorney Özlem Şengül is written on the objection petition submitted to the unauthorized Beyoğlu Enforcement Directorate, it is understood that this objection petition was signed and submitted by Attorney Yalçın Şengül. In this case, notification cannot be made to the attorney who does not have a power of attorney. In that case, instead of canceling the notification of the payment order, it is inappropriate to establish a judgment for the rejection of the complaint with the written justification.
CONCLUSION : With the acceptance of the debtor’s appeal objections, it was unanimously decided on 07/07/2011 that the court decision shall be (DISMISSED) in accordance with Articles 366 of the BEC and 428 of the HUMK for the reasons written above.
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