Caselaw

Basha (Jerusalem) 7150/07 S.A.D.R. Building Works Company Ltd. v. Victor Yona - part 3

July 31, 2008
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Adv. Shilo: Yes.

The Honorable Judge: That's about what's happening here.

Adv. Shilo: I can file a stay of execution, I can do a lot of things, sir, I have the right to do things.

The Honorable Judge: I'm just doing a tactical legal analysis of the situation, that's all.

  1. I think that if in the end the Supreme Court decides to reject me, I will have to come and deal with it, but I believe in my right, and I want to continue with my justice.
  2. Did you file a request for a stay of execution?
  3. I don't know, I don't know."
  4. In the absence of a decision on a stay of execution (since this application was not filed at all), the judgment of the District Court, which upheld the arbitrator's award, is enforceable, i.e., it is possible to act in all legal ways, so that the defendant (the respondent) will act in accordance with the judgment of the District Court, since judgments are intended for execution and not mere writing (for the purpose of enforcing the judgment, including by way of appointing a receiver), Even when an appeal is pending in an appellate court, see the words of Justice Grunis in the Fisher, in paragraph 74 below).

Miscellaneous Applications Civil 7175/07

  1. The application was filed by the applicants (the winners according to the judgment of the District Court, and according to the arbitrator's award), on September 24, 2007.
  2. Summary of the request: Since the respondent did not pay any sum at the expense of the arbitrator's award approved by the court, nor even the fees awarded by the court, after attempts at collection at the Execution Office yielded nothing, the petitioners request that their counsel, Adv. Yitzhak Mina, be appointed receiver of all the debtor's assets, for a period not exceeding one year (with the possibility of extension).

It is requested in the application that the powers of the aforementioned receiver will be such that the receiver will be entitled to perform the following actions:

to collect all of the debtor's assets;

to investigate companies to which you have a direct affiliation;

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