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Court Notices published in Govt Gazette No. 18,963 of the 7th September, 2012
01/01/2012
Notice 1461
1461By means of a decree of the 28th February 2012 in the Court of Magistrates (Malta) in the records of the judicial letter number 344/12, in the names Bank of Valletta p.l.c. vsStephen Catania, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) againstStephen Catania (I.D. 518484M) of Sanmar Place, Flat 32, Triq ir-Rebħa, Gżira, on the 1st February 2012, Bank of Valletta p.l.c. of1/5 Misraħ San Gorg, Valletta, VLT 1190,calls upon you so that within two days you pay the sum of€795.55 balance of debt in your Loan Accountwith Bank ofValletta p.l.c. togetherwith further interests from the 5th February 2011 till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1462
1462By a decree given by the Court Of Magistrates (Gozo) Inferior Jurisdiction, on the 29th August 2012 on the application of RGA Trading in the records of judicial sale by auction number 28/2012 in the names of RGA Trading vs Melvin Camilleri (and following warrant of seizure number 173/2008) Wednesday 7th November 2012 at noon and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at ‘Manhattan’, Triq Franġisku Pisani, Mosta, Malta, MST07, of the following items:
Various carpentry-related machinery.
More information can be obtained from the Court Marshall’s report which is found in the acts of the warrant of seizure number 173/2008 in the names of RGA Trading vs Melvin Camilleri.
The said items are the property of Melvin Camilleri (I.D. 169486M).
Jaclyn Magrin
For the Registrar Gozo Courts and Tribunals
Notice 1463
1463By means of a decree given, on the 14th August 2012, by the Court of Appeal, in the records of the Application Number 398/12 JRM, in the names Victor Fenech et vs Anthony Fountain et, the following publication was ordered for the purpose of service of the respondents Victor Fenech and Christopher Aquilina, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.
By means of an application of Appeal filed in the Court of Appeal, in the records of the Application of Rose Marie Holland following the Warrant of Seizure (Executive) numbers 1817/11 MB and 1818 /11 MB, in the names Victor Fenech and Christopher Aquilina vs Anthony and Helena sive Helina Fountain, Application 398/12 JRM, on the 22nd June 2012, the applicant Rose Marie Holland (I.D. 165342M) respectfully pleaded;
That by means of an application filed, on the 19 th April 2012, the applicant after having premised;
i) That following of Victor Fenech and Christopher Aquilina filed, on the 21st December 2011, by means of a provision given by this Court, on the 30th December 2011, it was decreed that the said Court, was upholding, the demand for the issuing of a Warrant of Seizure, on the immovables described in the same original applications.
ii) That in virtue of the two warrants of Seizure, above described there were seized from the premises, 3/2 Balluta Buildings, Triq il-Karmelitani, San Ġiljan, the objects seized by the executing Marshall, better listed by the same Marshall in the documents hereby attached.
iii) That there exists a valid reason in order to revoke the execution of the Warrants above referred to over the objects mentioned as these belong entirely to the applicant and not also to the executed debtors spouses Fountain.
iv) That the allegation of who asked for the issuing of the Warrants is compeletly void and conjectural in so far that it is not true that the applicant is helping her daughter Helena Fountain, in order to evade her obligations.
...omissis...
She asked for the cancellation and revocation of the execution of the two warrants with Numbers 1817/11 and 1818/11 and every subsequent and concomitant act, including if it be the case, the removal of the objects seized and this as the said objects seized are her property and not that of the executed debtors.
That in virtue of his reply filed, on the 6th June 2012, the executing respondent Victor Fenech, pleaded that the action of the applicant is intended to try to nullify the executive title which he and his partner (the other executing respondent Christopher Aquilina) have against the spouses Fountain.
...omissis...
That by means of her provision of the 20th June 2012, the First Hall Civil Court, upheld the procedural plea, that the respondent mentioned that the original act in virtue of which the procedure was instituted was irregular and consequently passed on to free the executing respondents, from remaining in the cause, and the applicants were to bear the costs.
That the applicant felt agrieved by this provision and is filing this appeal before this Honourable Court;
That the grievance is clear and manifest and consists in the following:
1) It appears from the wording of the decree that the Court of First Instancebased its thought on the lines, that by means of the introduction of Article 281in the actual Code, is connected to a ‘mistake’ or ‘default’ in the executive act itself, in virtue of which the interested party can suffer a prejudice and this by making a formal examination of the act the revocation of which is being asked ...omissis... with all respect due to the applicant does not agree at all with the strict interpretation which the Court of First Instance gave, to Article 281 of the Code of Procedure.
2) It is perhaps useful that it be premised that as observed in the case that any doubt arises or any case of contradiction ‘it is the duty of the adjudicator to enquire and interpret the sense of the law according to the intention of the legislator’.
3) Now in the booklet launched by the Ministry of the Justice and the Interior (November 2005) entitled ‘A Law which ammends Warrants’ this is stated in reference to the amendments intended which were introduced to the said Article 281.
‘With these amendments we are endeavouring:’
4) This premised it will not be opportune to consider that before the introduction of Article 281(previously 283A) by means of Act XXIV of 1995, the Executive Warrants or the decree in virtue of which they are issued, in so far as they are in camera, had to be impugned by the solemn form of the writ of summons.
5) Furthermore, the applicant humbly submits that the purpose of this new procedure is not simply that deduced by the Court of First Instance, or simply limited to a formal examination of the Act of the Warrant but also to the consequences which derive from it. Amongst which the execution of the Warrant itself.
...omissis...
6) The Court of First Instance accepts, on the basis of the evidence, the applicant is right in bringing forward her complaints but slows the pace to argue that the act chosen by the applicant, was not, the procedurally correct one.
7) Now it is the case that from the effect of the decisions indicated by the Court of First Instance, there exist discordant voices, regarding the Article 281 above mentioned.
...omissis...
8) In consequence to all that above mentioned, the applicants submit that not only the plea of the executing respondent was not sustainable but she had as an interested party, a just and legitimate motive to attack the Warrants and to ask for the cancellation of their execution.
Thus the applicant for all the reasons premised, respectfully prays so that this Honourable Court, annuls, cancels, and revokes the decree given by the First Hall Civil Court, on the 20th June 2012, and pass on to uphold the demand of the appellants, with costs of both instances against the executing respondents.
Appellants:Rose Marie Holland, Block 3, Flat 2, Balluta Bldgs, Triq il-Karmelitani, San Ġiljan.
Respondents:
1. Victor Fenech,
Bastion View, 17, The Strand,
Sliema.
2. Christopher Aquilina,
Solandra, Triq Dun ĠorġFiteni,
Naxxar.
The Application of Appeal, in the names Victor Fenech et vs Anthony Fountain et, application number 398/12 JRM, was appointed for hearing to the 8th October 2012, at 9.30 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1464
1464IT is hereby notified that by a decree of the 9th July, 2012, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C2833), on the 5th July, 2012, the approval of the said judicial acts is being demanded for the amount of €6,000 following the judicial sale by auction 23/12 in the names Bank of Valletta plc vs Rodney Marsh et, held under the Authority of the said Court on the 4th July, 2012.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1465
1465It is notified that by a decree of the Small Claims Tribunal of 9th August 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Michael Attard Limited (C-32362) of National Road, Blata l-Bajda filed a Claim on the 19th June 2012 whereby they asked the Tribunal to condemn Edward Azzopardi(I.D. 450572M) of48, Triq il-Kanun, Santa Venera,to pay the plaintiff company the sum of €1,706.80 which amount is due to the plaintiff company.
With costs and interest.
The case (Claim Number 432/12NHV) is put off on the 20th September 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1466
1466By a decree of the Small Claims Tribunal of the 27th March 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 13th October 2011 whereby they asked the Tribunal to condemn MCCF Projects Company Limited (C33281) of41, Triq Toni Pace, Mellieħa, to pay the plaintiff company the sum of€2,353.17 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 893/11VG2) is put off on the 24th September 2012 at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1467
1467By means of a decree, given by the First Hall Civil Court, on the 9th August 2012, in the records of the judicial letter number 2379/12, in the names Alexander Zammit vs Jonathan Carabott, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
In the First Hall Civil Court
To: JonathanCarabott, 1, Michael’s Court, Triq Salvu Buhagiar, Marsaskala I.D. 299882M.
By the present Alexander Zammit, holder of identity card Number 41164M, of South Point Court, Flat 4, Triq Salvu Buhagiar, Marsaskala, in the first place refers to the lease agreement of the premises Flt 1, St. Michael’s Court, Triq Salvu Buhagiar, M’scala MSK 2210, of which premises you are the owner and which he granted to you by title of lease for the amount of €300 (three hundred Euro) monthly.
In the second place, the interpellant informs you for all intents and purposes of law, that in violation of the agreement by means of the writing of the 19th November 2011, you are in delay in the payment of two instalments of rent in the global amount of six hundred Euro (€600) and you are failing to pay also for the use of service with prejudice and damages to the interpellant and for which damages he wants to be reimbursed.
That thus for all intents and purposes of law, he is in virtue of the present, calling upon you so thatwithin (48) yours you pay the global sum of two thousand six hundred Euro(€2,600) from which six hundred Euro (€600) representing the rent due and two thousand Euro (€2000) for the use of services burdening the premises Flt 1, Michael’sCourt, Triq Salvu Buhagiar, M’scala MSK 2210.
He warns you that if you fail to abide with the above he shall proceed against you according to law.
Consider this as the last notice.
So much so that you may know how to proceed and regulate yourself.
With costs.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1468
1468By a decree of the Small Claims Tribunal ofthe 8th June 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 5th March 2012 whereby they asked the Tribunal to condemn George Muscat (I.D. 96379M) of 8th May, Triq L Zamenhof, l-Imsida, to pay the plaintiff company the sum of €499.48 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 162/12GB) is put off on the 28th September 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1469
1469By means of a decree given, by the Civil Court(Family Section) in the records of the Sworn Application, in the names Therese Galea vs Raymond Galea,Sworn Application Number 208/2012 AL, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of anApplication, filed, in the Civil Court(Family Section) in the names Theresea Galea I.D. 64762(M) vs Raymond Galea , on the 30 th March 2012, the applicant Therese Galea I.D. 64762(M), humbly asked this Honourable Court;
1. to declare that the marriage contracted between the parties on the 19th August 1982, be dissolved and declared so dissolved and uphold the other demands in the application.
Applicant: Villa Colomba Bianca, Imnarja Road, Buskett.
Respondent: No 6, Hospital Street, Rabat.
The Sworn Application in the names Therese Galea vs Raymond Galea , application number 208/2012 AL, has been put off for hearing to the 12th October 2012 at 9.15 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1470
1470By means of a decree given, by the Civil Court (Family Section) on the 26th June 2012, in the records of the Sworn Application in the names Josette Gatesy pro et noe vs Andy Imre Gatesy, application number 188/05 JA, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the Civil Court(Family Section) Application number 188/05 JA, Josette Gatesy pro et noe vs Andy Imre Gatesy, the applicant Andy Gatesy respectfully pleaded;
That in the first place he refers to the minutes of the lasting sitting before this Honourable Court, on the 1st June 2012.
That during this last sitting the defence counsel of the applicant insisted that the Court order that the plaintiff’s proof be concluded since the cause has been going on since 2005.
Not only,but when one year ago and namely on the 8th July 2011, the Court solicited the plaintiff to conclude her proof within the next three sittings before the legal referee, the plaintiff failed to show the least interest.
That furthernore during the sitting before the Honourable First Court of thethe 10 th November 2011, the defence counsel of the applicant drew the Court’s attentiononce again and the Court ordered the plaintiff so that till the next sitting, she indicates by means of a note the evidence she has left, the plaintiff did not prepare the note and furthermore did not bring forward any proof.
Thus despite that the Court conceded various opportunities to the plaintiff so that she shall have the opportunity to conclude her proofshe did not take the initiative to bring forward a single proof , there is not doubt that the plaintiff has no longer any interest in the cause.
Furthermore this useless delay is above all prejudicing the applicantwho justly wishes that after seven years, from when the separation suit was filed,by Ms Gatesy, he shall at least be given the opportunity to bring forward his proof.
Thus whilst referring to the reasons above brought forward the applicant asks this Honourable Court;
1.to declare closed the plaintiff’s proof without the necessitythat this application be notified to Ms Gatesy and this to avoid further delay from her part and
2. authorise him to bring forward his proof and this save any other provision which this Honourable Court deems fit.
Respondent: The Oyster, Triq il-Baltiku, St. Julian’s.
Adv. Frank Portelli,LL.D
For the Registrar, Civil Courts and Tribunals
Notice 1471
1471By a decree of the 11th July, 2012 given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Salvi Holdings Ltd. on the 5th July 2012 is asking for the withdrawal of the amount of €4,800 deposited by the Schedule of Deposit number 333/2012 in the names of:
Salvi Holdings Ltd Vs Issa Islam Tawfik
The Court ordered the notification of this application with four (4) days for filing a reply.
MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals
Bann for Curators
1472Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 26th January 2012, following a request of HSBC Bank Malta plc, it was ordered that Deputy Curators be chosen to represent the absent David Wayne Mattingly, in the records of the Judicial letter number 177/2012, in the names ‘HSBC Bank Malta plc vs Deputy Curators and in the relative and subsequent acts.
By means of a Judicial letter filed in the Civil Court First Hall, in the names HSBC Bank Malta p.l.c. (C 3177) vs deputy curators appointed to represent the absent David Wayne Mattingly (American Passport number 210145923) on the 24th January 2012, the company HSBC Bank Malta p.l.c. (C 3177) of 32, Merchants Street, Valletta, brings to your formal notice the fact that on the day of the 18th January 2012, you were in delay in the payments of loan granted to you in virtue of a contract in the records of Notary Dr Daniela Borg, dated 20th March 2009, in the amount of €15,698.25. This sum of arrears is to be added by €848.79 monthly after that date.
This letter serves also to interrupt prescription and is thus required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
So much so that you may know how to regulate yourselves.
With costs.
Int: Deputy Curators, Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned with the witness of the Hon. Mr Justice Anna Felice, LL.D.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1473
1473By means of a decree given by the Civil Court First Hall, on the 2nd August 2012, in the records of the Warrant of Eviction number 1067/2011, in the names Bank of Valletta p.l.c. (C 2833) vs Travellers Lodge Company Limited (C 12962) the following publication was ordered for the purpose of service of the respondent company Travellers Lodge Company Limited, in terms of Article 187(5) of Cap. 12.
By means of an Application, filed, in the First Hall Civil Court, in the names (Applicant) Bank of Valletta p.l.c. (C 2833) vs (Respondent) Travellers Lodge Company Limited (C 12962) on the 3rd August 2011, the company Bank of Valletta p.l.c. asked this Honourable Court, to order the issuing of a Warrant of Eviction, against the respondent(from the undermentioned premises) in execution of the undermentioned judgement and whereas the respondent failed to do this till this day.
Premises: (1) the hotel without number known as ‘Travellers Lodge Hotel’ facing Pioneer Road, corner with Triq il-Ħġejjeġ.
Judgement: Judgement given by this Honourable Court, in the names ‘Bank of Valletta p.l.c. vs Travellers Lodge Company Limited, on the 28 th February 2011 (Sworn Application 427/10) which judgement was appealed and its provisional execution was ordered by a Decree of the Honourable Court of Appeal, during the sitting of the 28th June 2011 (Civil Appeal 104/2011/1).
Sgd. Adv. Dr. Dominic A. Cassar.
Sgd. PL Joanna Dingli.
Filed by PL D. Sullivan without doc.
Applicant: Bank of Valletta p.l.c. (C 2833)
1/5, Misrah San Ġorġ, Valletta.
Respondents: Travellers Lodge Hotel,
Pioneer Road, St. Paul’s Bay.
Service: Travellers Lodge Hotel,
Pioneer Road, St. Paul’s Bay.
Warrant of Eviction
Republic of Malta.
Court Warrant.
Given by the Civil Court above mentioned with the witness of the Hon. Mr. Justice Geoffrey Valenzia LLD, Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1474
1474IT is hereby notified that by a decree of the 11th July, 2012, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by HSBC Bank of Malta plc (C3177) on the 9th of July 2012, the approval of the said judicial acts is being demanded for the amount of €402,000 following judicial sale by auction 6/2011 in the names HSBC Bank Malta plc (C3177) vs Penza Concrete Services Limited, held under the Authority of the said Court on the 3rd July, 2012.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1475
1475By means of a decree given by the Civil Court(Family Section) on the 27th June 2012, in the records of the Application for Revocation 100/12, in the records of the Warrant of Prohibitory Injunction 82/06, in the names Josette Gatesy pro et noe vs Andy Imre Gatesy, the following publication was ordered for the purpose of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the Civil Court(Family Section) in the records of the Warrant of Prohibitory Injunction Number 82/06, issued on the 6th April 2012, in the names Josette Gatesy in her own name proprio and as curator ad litem of her son Alexander vs Andy Imre Gatesy son of the late Zoltan and Suzie nee’ Lorant, born in England, english passport number 740161592 respectfully pleaded:
That on the 6th April 2006, the above mentioned Josette Gatesy had asked for and obtained the issuing of the above mentioned Warrant of Prohibitory Injunction and there the applicant was inter alia witheld from disposing and transferring under any title, real or personal or bind as surety...omissis... the premises mentioned amongst which every share due to the applicant from the block of maisonettes or garagesin Triq Pluivieri, San Ġwann.
That amongst the property affected by the said Warrant of Prohibitory Injunction (together with other propreties there is):
1) The garage 15A, Triq il-Pluvieri, Mensija, limits of San Ġwann.
2)The maisonette at first floor number nineteen (19) Triq il-Pluivieri, San Gwann,
with a two car basement and a car and
3) The maisonette number 23, named’ZAG’ Triq il-Pluivieri, San Ġwann, at the elevated groundfloor with semi-basement for two car garages which form part of the maisonette.
That in orderto avoid useless repetition the origin of the said property is cited in the attached document and clearly shows that the said propertyis all together paraphernal and thus Josetee Gatesy has no right.
That thus keep in view of all that submitted in the above mentioned DOC VB it is the humble opinion of the applicant that there exist sufficient reasons in terms of Article 836(1) of Chapter 12 of the Laws of Malta, that this Honourable Court, orders the issuing of the opportune counter –warrant limited onlyto the above mentioned properties.
...omissis...
Saving any other provision that this Honourable Court may give.
Applicant: c/o B6, Bulebel Industrial Estate, Bulebel.
Respondent: The Oyster, Triq il-Baltiku, St. Julian’s.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 1476
1476By a judgement delivered by the Court Of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 6th of July 2012, the day of Monday 17th September 2012 at 10.00 a.m., has been fixed for the SALE BY LICITATION, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:
1. House number forty eight (48) and forty nine (49) in Triq Mons Luigi Vella, Rabat, Gozo, valued at €174,750.
As stated in said judgement, the said property belongs to Paul Vella, Joseph and Nathalie spouses Vella, Emanuela sive Lelina Attard, Stephen Attard and Colin Attard.
The said property will be sold as described in the said judgment.
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 1477
1477By means of a decree given, by the First Hall Civil Court, on the 4th July 2012, in the records of the Sworn Application, in the names Go plc vs Naxas S.r.l., application number 194/2012 JRM, the following publication was ordered for the purpose of service of the defendant company in terms of Article 187(3) of Cap. 12.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Tuesday 28th February 2012, the Sworn Application number 194/2012 JRM, in the names Go plc vs Naxas S.r. L. was entered in the list of causes which are to be heard on Thursday 10th May 2012, at 9.30 a.m.
By order of the same Court above mentioned of the 10th May 2012, the cause above mentioned was put off and is now appointed for hearing on the4 th October 2012, at noon.
Applicant: Go p.l.c. Triq Fra Diegu, Marsa.
Notify Naxas S. r. L., Flat 1, Highgate Flats, 48, Triq il-Kbira, St. Julian’s
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1478
1478By a decree of the Small Claims Tribunal of the 11th May 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C22334) ofTelgħet Spencer, Marsa, MRS 1950, filed a Claim on the 23rd March 2012 whereby they asked the Tribunal to condemn Maria Borg (I.D. 121981M) of38,Flat 2, Triq il-Makna tas-Serrar, l-Imsida, to pay theplaintiff company the sum of€923.89 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 247/12GB) is put off on the 28th September 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1479
1479By a decree of the Court of Magistrates (Malta) of the 3rd August 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Technoline Limited (C4250) of Edgar Bernard Street, Gżira, filed a Claim on the 12th June 2012, whereby they asked the Court to condemn The Golden Shepherd Group Limited (C14948) of St Philips Hospital, Santa Venera, to pay the plaintiff company the sum of €6,090.47 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Notice Number 203/12CSH) is put off to the 19th September 2012 at 9.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1480
1480By means of a decree given by Courts of Magistrates (Malta) on the 16th January 2012, in the records of the judicial letter number 622/11, in the names United Acceptances Finance Ltdvs Eugenio Agius et, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Eugenio Agius (I.D. 345260M) and Josephine Agius (I.D. 540562M) together in solidum of190, Triq Konventwali, San Pawl il-Baħar and/or 18, Triq il-Konventwali, Buġibba and/or Ocean Reef Hotel, Il-Bajja ta’ San Tumas, Marsaskala, on the 23rd February 2011, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda reference to twenty (20) bills of exchange signed and accepted by you, which bills of exchange lapsed and not paid for, copies ofthese bills of exchange are here annexxed and marked with numbers 32 till 51.
The interpellant calls upon you so that within two (2) days you pay the sum of €2,841.84 value of bills of exchange above mentioned, as well as the legal interest from the due date of each bill of exchange till the date of effective payment.
In default of payment, the interpellant is informing you that it shall further proceed against you according to law, without further notice.
So much so that you may know how to regulate yourselves and avoid further costs.
You are informed that you have the right to oppose the execution of these bills of exchange by means of an application that has to be made within twenty (20) days from the service of this letter to you of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.
The judicial act is being made to render the said bills of exchange executable in terms of Article 256(2) Cap. 12 of the Laws of Malta.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1481
1481By means of a decree of the 2nd May 2012 in the Court of Magistrates (Malta) in the records of the judicial letter number 446/12 in the names Bank of Valletta p.l.c. vsDuncan Mizzi, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) againstDuncan Mizzi (I.D. 168075M) of2 Sqaq Numru 1, Vjal l-Indipendenza, Mosta, on the 15th February 2012, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of€1,422.13 balance of debt in your Loan Account with Bank ofValletta p.l.c. together with further interests from the 24th July 2011 till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1483
1483It is hereby notified that the Court of Magistrates (Malta) by means of a decree on the 7th February 2011, in the records of the judicial letter number 2773/10, in the names Commissioner ofInland Revenue vs Jonathan Tanti, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Jonathan Tanti (I.D. 38092M) of67 Memories, Triq Dun Vinċenz Saliba, Birkirkara, on the 9th July 2010, the Commisssioner of Inland Revenue of46, Merchants Street, Valletta, for the purposes of Article 466 of the Code of Organisation and Civil Procedure notifies you with the annexxed sworn declaration Doc. A and calls upon you so that within ten days you pay the sum of €930 as the final tax liquidated and due on documents and transfers in terms of Article 60 of Cap. 364 here annexxed and marked as Doc. B.
If you fail to pay or make opposition on your part as per Article 466, the interpellant shall request the issue of executive warrants against youaccording to law.
Pay also the costs of this act.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1484
1484By means of a decree given, by the First Hall Civil Court, on the 8th August 2012,in the records of the judicial letter number 2156/2012, in the names Vella Group Limited vs Charlotte Ciantar in the name and in representation of the company MCCF Projects Co Limited, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et seq. of Cap. 12.
In the First Hall Civil Court.
To: Charlotte Ciantar (234578M) in the name in representation of the company MCCF Projects Company Limited (C 33281) Sea Haven, Flat 23, Triq is-Simar, Xemxija, San Pawl il-Baħar.
By the present judicial letter Vella Group Limited (C 22149) of 53, Carmelo Schembri Street, Mosta, call upon you so that within one week from this letter you pay the sum of (€68,151.49) besides further legal interest, from the 31st May 2012, representing the balance of a larger sum due for the price of excavation works in Mellieha and Birkirkara and works and supply of material related with construction as well as representingrent for machinery and this according to various invoices issued to them in connection with the same works, supplies and leases.
The legal interest continues to be added at the rate of eight per cent (8%) yearly and this till the date of effective payment.
If you fail to pay the amount above mentioned together with further legal interest, within the time given to you , the interpellant company shall proceed against you by means of the opportune warrants against your property and this at your sole expense.
So much so that you may knowhow to proceed and regulate yourselves. With costs against you.
This judicial letter is being made in terms of Article 2128 of the Civil Code.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1485
1485By decree given by the CIVIL COURT, FIRST HALL on 3rd September 2012, on the application of CREMONA AV. DR. ANTOINE NOE, Monday, 8th October, 2012 at 11.00 a.m. has been fixed for the SALE BY AUCTION to be held IN A HALL OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following item seized from the property of BASTIMENT M.V. AMSTELDIEP.
Vessel M.V. Amsteldiep, IMO number 9123518, registered in the Kingdom of the Netherlands, in the property of Beheermaatschappij M.S. Amsteldiep II B.V., a company registered in the Netherlands, gross tonnage of 4099 tonnes and dead weight tonnage of 5916 tonnes.
N.B. The said objects will be sold as described in the acts of file number 39/12.
This Monday, 3rd September, 2012.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1486
1486By decree given by the CIVIL COURT, FIRST HALL on 3rd September 2012, on the application of A & J BALDACCHINO BOAT YARD LTD, Wednesday, 10th October, 2012 at noon, has been fixed for the SALE BY AUCTION to be held at A & J BALDACCHINO BOAT YARD, ĦAL FAR ROAD, BIRŻEBBUĠA of the following item seized from the property of FRIGGIERI TONIO.
Motor yacht of the make Sunseeker, named ‘Tramuntana’, fourteen (14) metres in length, registration number SSR 144003.
N.B. The said object will be sold as described in the acts of file number 37/12.
This Monday, 3rd September, 2012.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1487
1487By a decree given on the 8th August, 2012 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall on the 11th April, 2012 by Bank of Valletta plc (C2833), is being asked that the Court orders the Sale by Auction of the:
A flat internally marked numbered two (2) situated in the first floor, forms part from a block of six apartments with common hall, without number and named ‘Family Flats’, Valletta Road, Qormi, and the block is bounded from the North with the said street, from the East with Carmelo Balzan and from the West pertaining with George Mifsud. The said flat is bounded from the North with the said street, from the West bounded with flat numbered one (1) pertaining with Noel Borg and from the East bounded with flat numbered three (3) pertaining to successors in title of Michael Farrugia, free and unencumbered, with all its rights and appurtenances, and the hall, stairs and the roof are common with all the other apartments of the block and the drains are common with the overlying apartment and therefore with flat number five (5).
The said tenement is the property of Simon Bugeja (I.D. 123070M) and Maria Bugeja (I.D. 497574 M).
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1488
1488By decree given by the CIVIL COURT, FIRST HALL on 3rd September 2012, on the application of MIRA HOLDINGS LTD, Wednesday, 31st October, 2012 at noon, has been fixed for the SALE BY AUCTION to be held at MIRA MOTOR SALES, TERRITORIALS STREET, MRIEĦEL of the following item seized from the property of AGIUS ALAN.
Vehicle of the make Vauxhall, green in colour, registration number JAE 069.
N.B. The said object will be sold as described in the acts of file number 25/12.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Court Warrant
1489By means of a decree given, by theCivil Court First Hall, on the 20th July 2012, in the records of the Warrant of Prohibitory Injunction number 922/12 JA, in the names ‘The Waterfront Hotel Limited vs Antonio Patane’ , the following publication was ordered for the purpose of service ofthe respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the First Hall Civil Court, in the names (Applicant) ‘The Waterfront Hotel Limited’ (C 22209) vs (Respondent) Antonio Patane’ 52274(A), on the 28th June 2012, the applicant The Waterfront Hotel Limited, respectfully pleaded;
That the applicant, in order to safeguard his credit hereunder mentioned against the respondent humbly prays that this Honourable Court, orders the issuing of a Warrant of Prohibitory Injunction against the respondent so that he be witheld from selling, alienating, transferring or disposing inter vivos or by onerous title any property either by gratuitous or onerous title and in particular;
The vehicle of the type ‘Smart’ Registration CZ242 KE.
Thus the applicant humbly asks that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction against the respondent.
Credit: €13,742.48 (thirteen thousand seven hundred forty two Euro and forty eight cents).
Title: in part water and electricity bills and in part rent for the premises ‘floor space’ in the Waterfront Hotel, Sliema and this as results from the cause in the same names , Sworn Application number 338/2012 JRM, and which is put off to the 9th July at 11.00 a.m.
Sgd. Advocate Louis Thompson.
Confirmed before me under oath after I read its contents andin the presence of PL JP Busuttil without document.
Warrant of Prohibitory Injunction.
Republic of Malta
ToThe Court Marshall
Given by the Civil Court First Hall with the witness of the Hon. Mr. Justice Joseph Azzopardi LLD. Doctor of Laws.
Applicant: Waterfront Office, Testaferrata Street, Ta’ Xbiex.
Respondent: 1. 2, Manwela Flats, Triq il-Vittimi tal-Gwerra , B’kara.
2. 173, Flat 1, Nazju Ellul Str, Gżira.
Execution: 1. Transport Malta, Xatt l-Ghassara tal-Għeneb, Marsa
2. Transport Malta, Land Transport Directorate, Sa Maison Road, Floriana.
3. Transport House, Hornsworth Ditch, Floriana.
4. Saviour sive Salvu Vella (consegnetary ) 96, Triq id-Duluri, Ħamrun.
The Application Warrant of Prohibitory Injunction in the names ‘The Waterfront Hotel Limited vs Antonio Patane’ application number 922/2012 JA, has been put off for hearing to the 24th September 2012, at noon.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals