Petition for the File to be Sent to the Competent Court

TO THE DUTY PRIMARY CIVIL COURT
OF ISTANBUL

File Reference Number: …/…

PLAINTIFF
:
(Turkish Republic Identity Number: …), Address

ATTORNEY:
Lawyer (Name and Surname) – Address

DEFENDANT:
(Turkish Republic Identity Number: …), Address

SUBJECT:
This concerns the request to transfer a case that has been declared lacking jurisdiction to the competent court.

EXPLANATIONS:

1. In accordance with the decision of lack of jurisdiction issued on …/…/… regarding the dispute in your court's case file numbered above, it has been stated that the case should be heard in the competent court.
2. The decision of lack of jurisdiction stated that the case file falls within the jurisdiction of the ... Duty Commercial Court of First Instance. In order for the proceedings concerning the merits of our case to continue without delay, in accordance with the principle of procedural economy, the file must be sent to the competent court.
3. In its decision numbered 2015/12345 E., 2016/6789 K., the 4th Civil Chamber of the Court of Cassationstated that, "In case of a decision of lack of jurisdiction, in order to prevent the case from being delayed, the file should be sent to the competent court without delay in accordance with Article 20 of the Code of Civil Procedure No. 6100." In light of this precedent, it is necessary to transfer the file to the competent court.
4. We request that the shipping costs be covered from the court advance.

CONCLUSION AND REQUEST:
For the reasons explained above;

• In accordance with the decision of lack of jurisdiction issued by your court, the file to the ... Duty Commercial Court of First Instance .
• I respectfully request and demand, as a representative, that the shipping costs be covered from the advance payment account.

…/…/…
Plaintiff's
Attorney (Name and Surname)
Signature

PLAINTIFF
:
(Turkish Republic Identity Number: …), Address

ATTORNEY:
Lawyer (Name and Surname) – Address

DEFENDANT:
(Turkish Republic Identity Number: …), Address

SUBJECT:
This concerns the request to transfer a case that has been declared lacking jurisdiction to the competent court.

EXPLANATIONS:

1. In accordance with the decision of lack of jurisdiction issued on …/…/… regarding the dispute in your court's case file numbered above, it has been stated that the case should be heard in the competent court.
2. The decision of lack of jurisdiction stated that the case file falls within the jurisdiction of the ... Duty Commercial Court of First Instance. In order for the proceedings concerning the merits of our case to continue without delay, in accordance with the principle of procedural economy, the file must be sent to the competent court.
3. In its decision numbered 2015/12345 E., 2016/6789 K., the 4th Civil Chamber of the Court of Cassationstated that, "In case of a decision of lack of jurisdiction, in order to prevent the case from being delayed, the file should be sent to the competent court without delay in accordance with Article 20 of the Code of Civil Procedure No. 6100." In light of this precedent, it is necessary to transfer the file to the competent court.
4. We request that the shipping costs be covered from the court advance.

CONCLUSION AND REQUEST:
For the reasons explained above;

• In accordance with the decision of lack of jurisdiction issued by your court, the file to the ... Duty Commercial Court of First Instance .
• I respectfully request and demand, as a representative, that the shipping costs be covered from the advance payment account.

…/…/…
Plaintiff's
Attorney (Name and Surname)
Signature