-SAMPLE Petition-
TO THE JUDICIARY OF ANKARA COMMERCIAL COURT OF FIRST INSTANCE ON duty
Plaintiff:
ADDRESS :………………………
ATTORNEY:
ADDRESS :
PHONE :
DEFENDANT: Undefeated
SUBJECT OF THE REQUEST: With the cancellation of the check with a serial number of …, dated ../../…. and the place of the drawing, with a value of 000.00 TL, of the …Branch of …Bank due to loss; It is a request for an injunction to impose a prohibition on payment in order to prevent the payment of the check in question.
DESCRIPTIONS
Client A….. B….., …Bank …Branch’s TR…………………………IBAN number of 000.00 TL amount drawn on ….. serial number ../../… . is the owner of the dated check. This check, which is the client’s possession, has been lost.
After realizing that the check was lost, a complaint was made by the client (Annex-1) and the necessary instruction was given to the addressee bank. However, there is still a risk that the person who receives the check will collect the check from the bank or operate the check.
Since the receipt of the check by third parties may cause irreparable damages for the client, it became necessary to demand a payment ban first and then the cancellation of the aforementioned check due to loss, in order not to collect the check value from the bank.
LEGAL REASONS: Check Law No. 5941, TTK, HMK, Atty. Law and other relevant legislation
EVIDENCE: Bank records, Complaint Report (subpoena will be requested), Expert report (if deemed necessary), All kinds of other evidence
CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account by your Court ex officio,
1- First of all, MEASURES TO BE TAKEN to write a writ and to impose a payment ban on the Bank of … Branch,
2- It is decided that the check with serial number ….. and dated ../../… We supply and demand. 22/09/2021
Plaintiff A…. B……Acting