Petition For Appropriation Case
ISTANBUL 25TH EXECUTIVE DIRECTORATE
FILE NO:
STATEMENT OF CLAIM
LOCATED THIRD PARTY : ……… (V.D.)
AGENT :
DEBTOR :
CLAIMANT :
SUBJECT : Submission of our declaration of appropriation and fulfillment of Article 99 of the EBL
application of the law.
EXPLANATIONS :
We are the proxies of ……………. in accordance with the attached power of attorney and authorization certificate. (ANNEX-1)
Upon the instruction sent from the file of your Directorate with the above-mentioned file number, Kemer Enforcement Directorate ……….. Tal. numbered file on 20.09.2021 to the client company address on 20.09.2021. For this reason, we would like to submit our ration declarations and to make an application in accordance with Article 99 of the BEC. As follows;
First of all, it should be noted that the file debtor ………….. Joint Stock Company’s address in the commercial registry newspaper is “…………. (Annex – Trade Registry Gazette).
The address where the seizure was made is the address where the client company continues its commercial activities and has nothing to do with the debtor company. (Annex- Tax Certificate Sample) As can be seen in the seizure report, no documents and signs belonging to the debtor company were found at the address. The presumption of ownership is in favor of the client company holding the property. In addition, since the seized goods are in the possession of the client company, it is presumed to be the owner of the goods. Therefore, the client company will not be under the burden of proof. The burden of proof is on the creditor.
The debtor of the file, …….. Joint Stock Company, fell into economic difficulties in 2016, became inoperable and ceased its activities at the seized address in 2016.
The immovable property where the seized hotel is located Kemer Enforcement Directorate …….. Within the scope of the tender realized in the instruction file, it was purchased by the client company. (Annex- Title deed record, delivery report)
On 20.09.2021, the movables belonging to the client company were seized by the relevant Kemer Enforcement Directorate to decide on the claim of appropriation by the relevant Kemer Enforcement Directorate and left to the client company employee as a trustee.
As can be understood from the documents attached to our petition;
1. The seized address has no connection with the debtor of the file, and the client company operates on the immovable property purchased through forced execution.
2. There is no record of the debtor company in the neighborhood.
3. The seized goods at the seizure site are goods belonging to the client company. We also enclose some invoices for the seized movables.
Since the above-mentioned movables seized in the file numbered ……Tal. of Kemer Enforcement Directorate belong to the client company, we claim for appropriation. With the acceptance of our claim of appropriation, since Article 99 of the Execution and Bankruptcy Law should be applied in the seizure made in the absence of the debtor, we request that the seizure record be evaluated within the scope of this article and that the creditor be given time to file a lawsuit.
Sincerely. 21.09.2021