In any event, the hearing of the main application for liquidation of the company does not obviate the need for a separate application to enforce the registration of Milamus as a shareholder, as well as to enforce the creation of a register of shareholders.
Grounds for liquidation
- The Applicant raises in the liquidation application many grounds for liquidation within the scope of liquidation grounds under the Ordinance. The Applicant expands on the reasons for liquidation. Milmus argues that the management of the hotel by any of the Cohen sons is a failure, and that the respondents refuse to appoint professional managers, and that they retain all the senior positions in their hands, or in the hands of their family members, despite their lack of professional skills, and set aside high salaries for themselves. The respondents do not cooperate with the representatives of Milamus in the management and do not cooperate with them, in such a way that serious disputes arise between the shareholders and the directors on their behalf, to the extent that there is a stagnation in management, and decisions on many matters are made only with the intervention of the shareholder, Judge (retired) Ali Nathan. The Applicant also claims that due to the aforesaid management, the hotel is not maintained and is not renovated, and there are no investments in advertising. These and other issues have led to a very low occupancy of the hotel, and not only because of the state of tourism in Israel, in general, and in Jerusalem in particular.
These matters should be discussed within the scope of the liquidation application.
Dismissal in Limine and Amendment of the Liquidation Request
- Milmus sought to amend the liquidation application in such a way that the company would be attached to the application as an additional applicant, as stated in the decision of this court on October 18, 2001. Even if this request was not filed separately, the court may at any time order the amendment of a statement of claim, including such an application, or instruct any party to change or amend a statement of claims (Regulations 92 and 524 of the Civil Procedure Regulations, 5744-1984).
Therefore, I order that the liquidation application be amended, in such a way that the Registry Company will be added as an additional applicant.