The Champions Workshop provided Meitar with a bank guarantee (hereinafter: the "Bank Guarantee").
- During March 2020, the coronavirus crisis broke out, and the government began to publish various emergency regulations, which imposed restrictions on the public.
- According to the Champions Workshop, it notified Meitar of the eviction of the leased property, and vacated the leased property.
In this context, Meitar claims that at the end of April 2020, the Champions' Workshop abandoned the leased property.
- On April 20, 2020, Meitar notified the Champions' Workshop, among other things, of the forfeiture of the bank guarantee. And in June 2020, she contacted Arava Eye Drive, and updated it on what was happening.
- Subsequently, Meitar located a tenant and signed a lease agreement with him on September 21, 2020. It was agreed that the lease period would begin on 01.2021, and the rent would be ILS 21,000, for an area of 535 square meters (Appendix 23 to Anavi's affidavit).
- According to the Champions Workshop, in light of the coronavirus crisis, it had no revenue, and therefore it ceased its activity completely.
In its amended statement of claim, the Champions Workshop recounts that in light of the coronavirus crisis, a norm was created in the economy, in which it was clear to landlords that businesses would not be able to meet the payments, without any revenue. And yes, it was clear to the tenants that they would be able to defer their obligations for a few months. However, Meitar chose to take an aggressive approach, and demanded that the rent be regulated immediately.
The Champions' Workshop is named on the claim of "thwarting", under Section 18(a) of the Contracts Law (Remedies for Breach of Contract) 5731-1970 (hereinafter: the "Drugs Law"). According to her, it is not possible to attribute to the Champions' Workshop knowledge or actual expectations of the coronavirus crisis, an unprecedented global virus.
- The Champions Workshop hereby asks the court to declare that the agreement was lawfully cancelled by it. In addition, the petitioner for monetary relief in the sum of ILS 171,211, as follows:
- The value of the air conditioners - a total of ILS 85,1118.
- Half of March 2020 - ILS 14,899.
- Restitution of the bank guarantee that was exercised - a total of ILS 71,194.
- On the other hand, in summary, Meitar filed a statement of defense and a counterclaim in the sum of ILS 994,000 against the Champions Workshop and Ai Drive. It claimed that the Champions' Workshop had fundamentally and unjustifiably violated the lease agreement between the parties, and its actions and omissions caused Meitar damages, inter alia due to non-payment of rent, management fees and other payments.
Moreover, Meitar claims that the Champions' Workshop chose to file a frivolous lawsuit against Meitar first, out of a purely legal tactic.