Petition for Claim for Entitlement and Compensation Based on Unjustified Termination of Contract

To the Duty Commercial Court of First Instance
, ISTANBUL

PLAINTIFF:… Company (Tax ID: …) – Address

ATTORNEY:Lawyer's Name and Surname – Address

DEFENDANT:
Name and Surname – Address

SUBJECT:
Due to the wrongful termination by the defendant of the contract dated …/…/… signed between the client company and the defendant, it is requested that the defendant be ordered to pay a total of … TL, consisting of … TL in outstanding receivables and … TL in lost profits compensation, while reserving the right to claim further amounts.

EXPLANATIONS:

1. A contract was signed between the client company and the defendant company on …/…/… (Appendix-1). According to this contract, the client company undertook to supply the defendant company with the necessary limestone and clay raw materials for a specific fee. The defendant company notified the client that it unilaterally terminated the contract with a notarized document dated …/…/… and numbered … at … Notary Public (Appendix-2). This termination is entirely unjustified. Specifically:
   • The client company has fulfilled all its obligations arising from the contract in accordance with the agreement. According to the contract, the defendant company was to submit a report regarding its raw material needs, and the client company was to produce the necessary materials to meet those needs. However, the defendant company only verbally communicated its needs, and production was carried out according to these needs. Production was not carried out at all in some months, and incomplete production was carried out in others.
   • The defendant company did not keep any record of insufficient production or work, nor did it inform the client company of this situation. The client company produced the raw materials in accordance with the contract.
   •  The sales volume of the defendant company can be seen to be greater than the raw material supply required in the contract dated ../../.. Therefore, terminating the contract on the grounds that the company did not fulfill the contract terms is contrary to the principle of good faith.
   • The defendant company failed to pay the client company's receivables on time, causing the client company to experience financial difficulties. Enforcement proceedings have been initiated and seizures have been placed.
   • The client company has determined the total amount of unpaid entitlements from the month of … to be … TL. The defendant company has unfairly terminated the contract, and the client company is demanding … TL in compensation for the lost profits due to this termination.
   • Therefore, the notice issued against our client company does not contain any deficiencies such as a lack of equipment or personnel. Furthermore, the defendant company has not kept any record of any production deficiencies due to the materials provided. In short, the notice issued by the defendant company is completely false and misleading
2. Pursuant to Article 13 of the contract, the client company reserves the right to demand the return of the security deposit it paid.

EVIDENCE:

1. The Agreement dated …/…/…
2. The notices issued by the Notary Public on …/…/… date and with registration number …
3. Work contracts and timekeeping records for construction machinery and trucks,
4. Payment certificates,
5. The defendant factory's commercial ledgers, crusher records, flour discharge records, crushing and screening plant records, ... sales weighbridge receipts, big bag-slim bag clinker discharge records, bulk product discharge records,
6. All records of the defendant company, as well as the accounting records of the client company, witness statements, on-site inspection, expert examination, and all other legally binding evidence.

LEGAL GROUNDS:
Turkish Code of Obligations and other relevant provisions.

CONCLUSION AND REQUEST:

For the reasons briefly explained above, we request that our case be accepted, reserving our rights to claim further compensation for the time being:

1. ...the amount of the receivable in TL, together with the rediscount interest that will accrue from the date the receivable arose,
2. ... TL in compensation for lost profits, together with rediscount interest accruing from the date of termination of the contract, shall be collected
3. The court requests that the defendant be ordered to pay the court costs and attorney's fees

I respectfully submit this request.
…/…/…

Plaintiff's
Attorney's Name and
Surname