If The Fees And Expenses Are Not Completed Within The Given Period, It Will Be Decided That The Decision Will Be Deemed As Not Appealed And The HUMK Article Will Be Applied By Analogy In The Appeal Of The Decision
T.C. JUDICIARY
15th Civil Chamber
Basis: 2016/3350
Decision: 2016/3809
Date of Decision: 12.07.2016
DEBT CASE – IF THE FEES AND EXPENSES ARE NOT COMPLETED WITHIN THE GIVEN PERIOD, THE DECISION WILL BE DEEMED AS NOT APPEALED AND THE HUMK ARTICLE WILL BE APPLIED IN THE APPEAL OF THE DECISION – THE NEED TO COMPLETE THE MISSING FEES AND EXPENSES
SUMMARY: The provisional article 3 of the CCP No. 6100 Article 434/last of the Code of Civil Procedure No. 1086, which should be applied with the reference of the provisional article 3 of the CCP No. 6100, stipulates that the necessary fees and expenses shall be paid in full when filing the petition for appeal, and if it is later understood that they have been underpaid, they must be completed within the 7-day definite period to be given by the judge or the president of the court who made the decision, otherwise, the appeal will be deemed to be abandoned, and if the fees and expenses are not completed within the given period, the decision will be deemed as not appealed, and if this decision is appealed, paragraph 432/last paragraph of the HUMK will be applied by analogy. According to this article, in order to examine the appeal objections of the defendant’s counsel, the missing fees and expenses must be completed.
(6100 S. K. Geç. art. 3)
Case and Decision: The case between the plaintiff … İnşaat Ticaret ve San. Ltd. Şti. and the defendant SS … Housing Building Cooperative, the Supreme Court of Appeals has been requested by the defendant’s attorney to review the judgment given by the Civil Judgeship of First Instance on … day and … numbered in accordance with the reversal, the papers in the file were read, discussed and considered:
The court decided to accept the lawsuit and to award 246.000,00 TL to the plaintiff together with the legal interest to be accrued from the date of the lawsuit, and the decision was appealed by the defendant’s attorney.
In the examination made in terms of the appeal of the defendant’s attorney; it is understood that the defendant’s attorney appealed the acceptance decision given in the case, and deposited 3.150,79 TL as the relative appeal decision fee and 143,50 TL as the fee for appeal with the treasurer’s receipt dated 05.01.2016. However, when the calculation is made based on the amount of the judgment, the appeal decision fee to be taken in advance is 4.201,65 TL. The defendant’s attorney paid 1.050,27 TL deficient fee.
Provisional Article 3 of the CCP No. 6100 In Article 434/last of the HUMK No. 1086, which should be applied with the reference of the provisional Article 3 of the CCP No. 6100, the necessary fees and expenses shall be paid in full when filing the appeal petition, and if it is later understood that they have been underpaid, they must be completed within the 7-day definite period to be given by the judge or the president of the court who made the decision, otherwise, the appeal will be deemed to be abandoned, and if the fees and expenses are not completed within the given period, the decision will be deemed as not appealed, and if this decision is appealed, paragraph 432/last paragraph of the HUMK will be applied by analogy. According to the provisions of this article, in order to examine the appeal objections of the defendant’s attorney, the missing fees and expenses must be completed.
Conclusion For the reasons explained above, it was unanimously decided on 12.07.2016 to return the file back to its location for the completion of the deficient fees, in order to be processed as specified in Article 434/last of the HUMK.