In addition, checks were drawn for the benefit of the plaintiff himself or for the purpose of repairing Mr. Alfasi's truck that was used by Shira Company. According to Mr. Alfasi, all the actions were carried out with the knowledge and consent of the plaintiff (see paras. 61-64 of Mr. Alfasi's affidavit and his testimony at pp. 101-103 and at 107 Q. 1-5 of the minutes of the hearing).
- An examination of the checks that were attached in the framework of Appendix 2 to the plaintiff's exhibits file shows that the vast majority of the checks were indeed drawn to the plaintiff's own collection, to Mr. Shlomi Amar or to Revital Amar, his wife, or to Best Marketing Company, which, according to Mr. Alfasi, which was not concealed, was owned by Mr. Shlomi Amar.
In addition, two checks were given in connection with the repair of a truck which, according to Mr. Alfasi, was owned by him and used by the company, and in support of this claim, a sample tax invoice was presented, which was issued to the company in connection with the use of the truck (Appendix 13 to Mr. Alfasi's affidavit).
- I find that Mr. Alfasi's conduct in connection with the bank accounts is very uncomfortable. Shlomi Amar himself was not summoned to testify, and his absence of a summons is in accordance with Mr. Alfasi's obligation.
- However, it cannot be ignored that a significant part of the checks and bank transfers that were made, and were detailed in Appendix 2 to the plaintiff's exhibits file, were made for the plaintiff's own benefit. This fact shows that the plaintiff knew about the actions taken by Mr. Alfasi in the account. Factually, no evidence was presented that would indicate the plaintiff's objection to the execution of those financial transactions by Mr. Alfasi in real time.
- The fact that some of the financial transfers were made in favor of Mr. Alfasi, in the statements of account themselves, indicates that no attempt was made by Mr. Alfasi to conceal the execution of those financial transfers, and all this while the plaintiff himself had authorization and access to those bank accounts.
Providing Accounts - General
- As part of the lawsuit, the plaintiff petitioned for relief of providing bills, both against Paragon and against defendants 2-3.
- In accordance with the case law, a claim for the provision of accounts is conducted in two stages.
- In the first stage, the court determines whether the plaintiff is indeed entitled to receive bills from the defendant. For this purpose, the plaintiff is required to prove the existence of a special relationship that exists between him and the defendant, which justifies the provision of such accounts.
Thus For example, the Honorable Supreme Court ruled that when Exists If the parties have a business relationship based on a relationship of trust or a relationship of mission, authorization, partnership, or loyalty (where this list is not closed), there is a justification for providing accounts.
In addition, the plaintiff must prove, even prima facie, that he has a right to sue in relation to the funds in respect of which the remedy of providing the accounts is sought.