PETITION FOR CANCELLATION OF THE TENDER

TO THE DUTY EXECUTION LAW COURT
OF ISTANBUL

FILE NO: …/…

PLAINTIFF REQUESTING ANNULMENT OF THE TENDER:
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address – Telephone Number

RESPONDENT:
… Inc. (… Tax No: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address

SUBJECT:

This relates to the request for the cancellation of the tender.

EXPLANATIONS:

1. Enforcement proceedings and auction process:
   As a result of enforcement proceedings initiated against my client under file number …/… of the Enforcement Directorate, the sale of the residential property registered in the land registry under Istanbul Province, … District, … Neighborhood, … Block, … Parcel, belonging to my client, was carried out. However, the said auction was conducted in violation of procedure and law. For these reasons, it has become necessary to file this lawsuit for the annulment of the auction.
2. Irregular sales advertisement:
   The sales advertisement for the property in question was published in a low-circulation newspaper, and the advertisement did not reach potential buyers who might be interested in the property. According to Article 126 of the Enforcement and Bankruptcy Law (EBL), the announcement of the auction should have been made in a way that reached a wide audience. However, due to the lack of proper advertising, competitive conditions could not be ensured in the sales process.
3. Missing valuation report:
   The valuation report included in the enforcement file was not properly served to the client and other interested parties. This is clearly contrary to Article 128 of the Enforcement and Bankruptcy Law and related legislation. The client was unable to object to the report and exercise their legal rights.
4. Participation in the auction was not ensured for everyone:
   During the auction process, a competitive environment that would increase the value of the property was not created, and the auction was conducted only with the knowledge of a specific group. This indicates that the auction was not conducted fairly and transparently.
5. Deficiencies in the minutes:
   The tender minutes were not prepared in accordance with proper procedures. The minutes contain deficiencies in the specifications and insufficient information explaining the tender process. This further deepens the illegality of the transaction.
6. Supported by Supreme Court precedent:
   In its decision numbered 2019/6789 E., 2020/1234 K., the 12th Civil Chamber of the Supreme Court stated that, "If the sales announcement is incomplete, the valuation report is not served, and a competitive environment is not ensured during the tender process, the tender process must be terminated." Similar legal irregularities exist in the present case.

EVIDENCE:

1. … Enforcement Directorate’s file numbered …/…
2. Property title records,
3. Valuation reports,
4. Documents relating to the sales advertisement,
5. Expert examination,
6. Inspection reports,
7. Witness statements,
8. All legal evidence.

LEGAL GROUNDS:

Articles 126, 128, 134 of the Enforcement and Bankruptcy Law No. 2004 and other relevant legislation.

CONCLUSION AND REQUEST:

For the reasons explained above;

1. The defendant requests the annulment of the auction process dated …/…/… in the file numbered …/… of the … Enforcement Directorate, which is contrary to procedure and law
2. The execution of the tender was suspended during the trial
3. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand that a decision be made.

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