There is also no "succession", which serves as the basis for entering the second circle of expansion, Mastai is an existing and active company, and in any case there is no one who is its "replacement".
As for the third circle of expansion, around which the discussion was focused, it was argued that in accordance with the principle of separate legal personality, this circle requires compliance with conditions similar to those required for the execution of a "lifting of the veil" under section 6 of the Companies Law, 5759-1999; Because sole ownership of the company's shares and acting on its behalf is not enough to obligate a shareholder or another company that owns him with those liabilities, and procedural efficiency is not an independent reason to force a third party to take part in an arbitration proceeding, while violating the right of access to the courts.
- As stated, the arbitration between the Applicants and Thai has already begun to take place. Tai is suing the Applicants for payment of fees based on the agreement dated November 5, 2014 (ILS 5,348,560) as well as appropriate fees (ILS 12,455,042) for her handling of other matters, and on the other hand, the Applicants are suing Sai for compensation for the damage caused to them due to her breach of her duty as the Group Manager in the amount of ILS 27,918,000.
The arbitration is in its infancy.
At the arbitration meeting held on January 18, 2024, the question of the inclusion of Lifshitz and Kuba in the arbitration was raised, and since the latter was not resolved by consensus, the proceeding mentioned in the first paragraph was submitted.
The court held two sessions, during which the declarants on behalf of the parties were questioned at length, and the summaries were heard. When the court's proposal, not even the negotiations that the parties held afterwards, for which a number of lengths were approved, did not mature into a single deliberative arrangement, a decision is required.
Discussion and Decision
- The basic data on the issue that requires a decision are not controversial.
The applicants, dozens of other rights holders, as well as Thai, constituted a group whose share of the lands in the western compound was expressed in 84%. This group aspired to promote the relevant plans and maximize the possibilities of construction, and in order to achieve this goal, they all signed the partnership agreement, and appointed Tai as the group's manager. The rights holders of the remaining 16 percent were Taswir, and the group aspired to add them to the sharing agreement and to work with them, as 100%, for the optimal realization of the rights in the land.