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Court Notices published in Govt. Gazette No. 18,992 of 27th November, 2012
01/01/2012
Notice 1958
1958By means of a decree given, by the First Hall Civil Court, in the recordsof the Warrant of Prohibitory Injunction Number 868/12 JA, in the names Louis Cutajar vs Malta Villages Limited, the following publication was ordered for the purpose of the respondent company, in terms of Article 187(3) of Cap. 12.
By means of an Urgent Application, filed in the First Hall Civil Court, in the records of the Warrant of Prohibitory Injunction number 868/2012 JA, in the names Louis Cutajar vs Malta Villages Limied, on the 19th October 2012, the applicant Louis Cutajar et, respectfully pleaded;
That by means of a decree of the 28th June 2012, this Court, upheld the demand of the applicants, in so far as it issued a Warrant of Prohibitory Injunction, above mentioned against the company, which as a consequence is witheld from carrying out other worksfrom the properties numbers 26 and 28, Triq il-Forn, Lija, as well as from opening any other aperture from the properties numbers 26 and 28 Triq il-Forn, Lija, on to the roof of the applicants with number 32, Triq il-Forn, Lija, as well as from continuing to carry out any other type of work in the property of the applicants, in any manner and by means of any material and form;
That the warrant was followed by means of a lawsuit ( 841/2012 JA) according to law which lawsuit is appointed for the 12th November 2012, before this same Honourable Court:
That despite of this order the respondents continued with their development in the site,first by ejectinga conduit pipe on to the airspace of the applicant and on Thursday 18th October 2012, they fixed a door in the space which they had abusively opened;
That by means of this action the respondents are defying the authority of the Court, and this amounts to contempt of its Authority;
That furthermore this action goes directly contrary to the Courts order, whichthus entitles the applicants, in terms of Article 873 sub-section 4 of Chapter 12,which requires that the respondents be ordered to remedy or remove all that they carried out in violation of the Court order, and in default, that they ask the authorisationto remedy at the expense of the respondents;
Thus the applicants, whilstreserving all their rights in regard to the abusive actions of the respondents,humbly ask this Honourable Court, to uphold this demand with urgency and in the first place orderthe opening of the opportune procedures against the respondents,for the contemptthey showed towards its authority, and in the second place to order that the respondentswith immediate effect and with a peremptory period, remedy and remove all that they carried out in violation of the Court order and in default, to authorise them to remedy themselves at the expense of the respondents, and this under those directives it deems fit.
Civil Court First Hall
Hon. Judge Joseph Azzopardi BA. LL.D.
Writ of Summons Number 868/2012 JA
Louis Cutajar
versus
MaltaVillages Limited
The Court,
Orders that the respondent be notified who is to file a reply within six (6) days.
Notify: Malta Villages Limited ( C 26898)
Arzella Xitwija,
Triq il-Gizi,
L-Ibragg.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1959
1959By means of a decree of the Courts of Magistrates (Malta) of the 12th July 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).
Transmec Services Limited (C 6952) ofBurmarrad Road, Naxxar, Malta NXR 6345filed a Claim on the 16th May 2012 whereby they asked the Court to condemn Emanuel Galea (ID 0054372M) and his wife Carmen Galea (ID 0413067M) of 18, Blokk B, Triq il-Ħawħa, San Ġwann,to pay the plaintiff company the sum of €5,727.13 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 175/12FDP) is put off on the 3rd December 2012 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1960
1960By means of a decree of the Courts of Magistrates (Malta) of the 10th October 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).
Marzia Bruno (I.D. 47078A) of52, Bernus Bldg, Flt 5, Naxxar Rd, San Ġwannfiled a Claim on the 12th September 2012 whereby she asked the Court to condemn Maxxcom (Malta) Ltd (C39452) of 25, Rużar Briffa, Mosta, to pay the plaintiffthe sum of €8,120.06 which amount is due to the plaintiff.
With costs and legal interests.
The case (Claim Number 305/12JAB) is put off on the 10th December 2012 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1961
1961By a decree of the Small Claims Tribunal of 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 p.l.c. (C22334) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 20th March 2012, whereby they asked the Tribunal to condemn Gear Kellie Louise (ID 51268A) ofManacana Crt, Flat 17, Triq Mons Carmelo Zammit, Msida,to pay the plaintiff company the sum of €451.17 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 228/12KPS) is put off on the 3rd December 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1962
1962By a decree of the Small Claims Tribunal of 27th September 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 p.l.c. (C22334) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 16th August 2012 whereby they asked the Tribunal to condemn Josephine Ellul (ID 56370M) of 40, Triq Carmelo Dimech, Mosta,to pay the plaintiff company the sum of€386.85 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 569/12NHV) is put off on the 3rd December 2012 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1963
1963By means of a decree given, by the First Hall Civil Court, on the 13th August 2012, in the records of the judicial letter with number 1675/2012, in the names Cordina Insurance Agency Limited (C 5709) versus John Abela Limited (C 18181) 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: John Abela Limited (C 18181)
‘Anne House’ Triq Giovanni Barbara, Ħamrun.
By means of the present, the companyCordina Insurance Agency Limited ( C 5709) for the foreign company Schwarzeer und Ostee Versicherungs-Aktiengesellschaft (SOVAG) of 55, Kingsway Palace, in Republic Street, Valletta (Malta), whilst referring to the arbitration procedures with number 2345 of the year 2010, in the names ‘Cordina Insurance Agency Limited noe vs John Abela Limited’ which were decided on the 30th August 2011, (vide ‘Doc X’ attached), refers to the official tax related to the said procedures (vide ‘Doc X. 2. attached).
That the interpellantcompany has an interest, that in view of the partition of costs, in the way decidedin the arbitration award, pass on to the execution of the official tax so that eventually it collects and be paid that amount due it.
That although you were repeatdely askedboth verbally and in writingto paythe balanceafter the due computation of the costs on the basisofthe arbitration awardand which is due to the interpellant company, you remained passive and in default.
Thus the interpellant company is bringing forward this judicial act in terms of Article 256(2) of the Code of Organisation and Civil Procedure (Chapter 12of the Laws of Malta)and officially calls upon youso that within two days from the serviceof the present you come forward to pay the interpellant companythat amount which is due to it according to the official tax, always in the light of the arbitration award (re: partition of procedural expenses).
Be notified from now that if you fail to do this within the time mentioned, the interpellant company shall be constrained to take further steps according to law.
So much so that you may know how to regulate your position.
With costs.
Interpellant: 55, Kingsway, Palace, Republic Street, Valletta.
Respondent: ‘Anne House’ Giovanni Barbara Street, Ħamrun.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Court Warrant
1964By means of a decree given, by the First Hall Civil Court, on the 18th September 2012, in the records of the Warrant of Eviction number 1041/12, in the names Anthony Briffa I.D. 556538(M) and Monica Briffa 482542(M) vs Vincenza Grixti 32570(M) the following publication was ordered for the purpose of service of the respondent Vincenza Grixti, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, (Applicants) Anthony Briffa I.D. 556538M and Monica Briffa I.D. 482542M vs (Respondent) Vincenza Grixti I.D. 32570(M) on the 16th July 2012, the applicants Anthony Briffa and Monica Briffa, asked this Honourable Court, to order the issuing of a Warrant of Eviction against the respondent (from the undermentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.
Premises: 25, Triq l-Argotti, Floriana.
Judgement: Given by the Rent Regulation Board on the 16th April 2012, with number 30/2011, in the names ‘Anthony Briffa and Monica Briffa vs Vincenza Grixti.
Signed : AdvocateDr. Lawrence JM Galea, BA LLD.
Signed:PL Luisa Tufigno, BA, LP.
Filedby LPl. Tufigno with one doc.
Applicant: 64,’Monique’ Triq Sant’ Antnin, Ħaż-Żabbar.
Respondents: 25, Triq l-Argotti, Floriana.
Service: 12, St. Publius Street, Floriana.
Warrant of Eviction.
Republic of Malta.
To the Court Marshall
Given by the Court Rent Regulation Board above mentioned with the witness of Magistrate Giovanni Grixti LL.D, Doctor of Laws of the Court above mentioned.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1965
1965It is hereby notified that by a decree of the 22nd November 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 Articles 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)
That by application and a Schedule of set-off filed contemporaneously by the company Michael Attard Limited (C32362) on the 31st of October 2012, the approval of the said judicial acts is being demanded for the amount of one hundred euro (€100) following judicial sale by auction 28/2012 in the names Michael Attard Ltd vs Parker Claire Alice, held under the Authority of the said Court on the 17th October 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 an 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.
Kevin Caruana
For The Registrar, Civil Courts and Tribunals
Notice 1966
1966By a decree of the Court of Magistrates (Malta) of the 26th October 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).
Bank of Valletta p.l.c (C2833) of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190filed a Claim on the 10th September 2012, whereby they asked the Court to condemn Stephen Spiteri (I.D. 75186M) ofFlat 6, Entratura A, Triq il-Għajn, Valletta, to pay the plaintiff company the sum of €6,784.74 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 300/12FDP) is put off to the 3rd December 2012 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1967
1967By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 19th September 2012, Application number 692/2012 by Antonio Abdilla, Emelda Loftus as represented by the same Antonio Abdilla, Eileen Stride, Francis Abdilla, John Abdilla and Martin Abdilla whereby they prayed that it be declared open in their favour the SUCCESSION ofManweli Abdilla, bachelor, son of the late Angelus Abdilla and Josephine Abdilla neé Aquilina, born in Ħamrun and died in Attard on the 18th January 2011 aged 73 holding identity card number 0022938(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1968
1968By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 14th June 2012, Application number 415/2012 by Elizabeth Elaine Rowe et, Elaine Olivia Farrugia, widow of Carmel Farrugia, born in Whitley, Northumberland, England resides in Gżira and hold an English Passport Number 800333024 and also holds identity card number 2520(A) was INTERDICTED by means of a decree given on the 9th November 2012.
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1969
1969By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 8th November 2012, Application number 844/2012 by Maria Muscat, whereby she prayed that it be declared open in favour of Maria Muscat, unmarried, and her brother and sister Brian Muscat and Lara Muscat unmarried and this in the quota of one third (1/3) undivided share each one of them the SUCCESSION ofher father Mario Muscat, widow of Pauline Muscat, neé Grima,son of the late Emanuel and Stella neé Muscat, born in Ħal Balzan, resided in Birkirkara and died in Floriana on the 8th April 2012 aged 73 holding identity card number 0836738(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap 12).
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1970
1970By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 27th July 2012, Application number 550/2012 by Carmel Camilleri, Geltrude Camilleri, daughter ofVincenzo Agius and Maria neé Cassar, born in Valletta on the 28th January, 1924, holding identity card number 108124(M) was INCAPACITATED by means of a decree given on the 9th November 2012.
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1971
1971By a decree of the Small Claims Tribunal of 19th Settembru 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).
J & C Debono Company Limited (C-6805) of Toi E Moi, Flat 3, Triq l-Imġiebaħ, Xemxija Heights, Xemxija, San Pawl il-Baħar,filed a Claim on the 19th June 2012 whereby they asked the Tribunal to condemn Turan Pektas and Amanda Pektas (I.D. 459186M) of 9, Flat 2, Triq il-Qalb Imqaddsa, Mellieħa, to pay the plaintiff company the sum of €1511.74 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 433/12NHV) is put off on the 29th November 2012 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1972
1972By means of a decree of the 16th October 2012 of the Civil Court First Hall in the records of judicial letter number 2561/12, in the names Director General of Value Added Tax vs Palm Court Limited, the following publication for the purpose of service of the respondent company was ordered in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Palm Court Limited (C2677) of Malta Bargains, Triq ir-Rizzi, il-Qawra, San Pawl il-Baħar.
By the present the Director General for Value Added Tax of Centre Point Building, Triq Ta’ Paris, B’Kara makes reference to your judicial letter of 3rd August 2012 wherein he is being solicited to refund you the sum of €30,657.46 that you are claiming are due to you as refund of value added for the years 2008, 2009, 2010 and 2011.
The applicantreminds you that Cap. 406 of the Laws of Malta gives him the right to make the necessary verifications to determine the amount due to the respondent company with the Department of Value Added Tax and this according to the sub-articles 24(2) and 24(4) of the said Act.
The applicant further informs you that the amount that needs to be refunded has not yet been established as set out in the same Chapter 406 of the Laws of Malta. Subsequent to information received and subsequent to inspections that have been carried out by the Inspectors of the Department of Value Added Tax, the applicant is still investigating whether the returns submitted by you contain the full declaration of the necessary information. Therefore your bills are currently being investigated internally by the Department of Value Added Tax.
So much for your guidance.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Court Warrant
1973By means of a decree given, by the First Hall Civil Court, on the 13th November 2012, in the records of the Warrant of Eviction, number 1666/12 JM, in the names Mark Camilleri vs Adolph Baldacchino et, the following publication was ordered for the purpose of service of the respondent Adolph Baldacchino, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, (Applicant) Mark Camilleri I.D. 117291(M) vs (Respondent) Adolph Baldacchino and Joanne Baldacchino (I.D. 339973M and 561375M respectively, on the 5th November 2012, the applicant Mark Camilleri, asked this Honourable Court, to order theissuing of a Warrant of Eviction, against the respondent in execution of the undermentioned judgement and whereas the respondent failed to do this till this day.
Premises: 1, Silver Shadow,
Triq is-Sedq,
Żabbar.
Judgement: Following the Judicial Sale proceedings number 83/09, which was adjudged in favour of the applicant and whereby the applicantwas the higħest bidder by means of a schedule of deposit of the 3rd July 2012, hereby attached.
Filed by PL JP Busuttil.
Warrant of Eviction.
Republic of Malta
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr. Justice Joseph R. Micallef LLD. Doctor of Laws, of the Court above mentioned.
Notify: Adolph Baldacchino et.
1, Silver Shadow,
Triq is-Sedq,
Żabbar.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1974
1974By a decree of the 14th September, 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 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall on 30th July 2012, by Focal Maritime Co. Ltd., it is being asked that the Court orders the Sale by Auction of:
Machines, equipment and furniture related to sewing work.
The said objects are the property of TOP HAT CO. LTD.
By decree given by the CIVIL COURT, FIRST HALL on 24th October 2012, on the application of FOCAL MARITIME CO. LTD., Monday, 7th January, 2013 at 10.30 a.m. has been fixed for the SALE BY AUCTION to be held at EXPRESS TRAILERS LIMITED, TRIQ ĦAL FARRUĠ, LUQA of the following items seized from the property of TOP HAT CO. LTD.
Machines, equipment and furniture related to sewing work.
N.B. The said objects will be sold as described in the acts of file number 32/12.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1975
1975By a decree of the Court of Magistrates (Malta) of the 15th October 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).
Simonds Farsons Cisk plc (C113) ofThe Brewery, Imrieħel, filed a Claim on the 7th August 2012, whereby they asked the Court to condemn Albert Borg (I.D. 838147M) of Qawra Inn Hotel, Triq it-Tamar, San Pawl il-Baħar and Palm Court Limited (C2677) of Triq ir-Rizzi, San Pawl il-Baħar to pay the plaintiff company the sum of €8,416.13 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 268/12FDP) is put off to the 3rd December 2012 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1976
1976By a decree of the Court of Magistrates (Malta) of the 17th September 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-Bajdafiled a Claim on the 20th July 2012, whereby they asked the Court to condemn Martin Cachia (I.D. 0235859M) of238, Triq l-Imħallef W Harding, Pembroke,to pay the plaintiff company the sum of €8,550.73 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 246/12FDP) is put off to the 3rd December 2012 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1977Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 10th August2012, followinga request of Adv. Sarah Galea noe,it was ordered that Deputy Curators be chosen to represent the absent consegnatory EURL MASSARO Import Export in the records of the Sworn Application number 769/12 MCH in the names Adv. Sarah Galea noe vs Deputy Curators, and in the relativeand subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Cout , in the names Adv. Sarah Galea as special mandatary of the foreign company Kabushiki Kaisha Asics which carries on trade under the name Asics Corporation vs Deputy Curators to represent the absent consegnetary EURL MASSARO IMPORT EXPORT of Coop Immob El Amel 01 N 07B El Eulma Setif, Algeria and Algeria Gulf Bank of Algiers, Algeria,for any interest they may have, on the 31st July 2012, the applicant nomine humbly asked this Honourable Court:
1. To declare that the objects consisting in sport shoes on which there are the symbols called ONITSUKA TIGER, DEVICE (ASICS Brand Mark New) DEVICE (ASICS Stripe 18) and DEVICE (Asics Promotional Mark New) which are presentlyunder the Authority of the Comptroller of Customs, after he had suspended the release of the container with number ECMU 9697547 containingthe said shoes, are counterfeit and contravene the rights of intellectualproperty of the applicant company ASICS Corporation in regard to its trademarks, mentioned in the application, ...omissis... and this if necessary by means of the appointment of experts for this purpose.
2. Order the Comptroller of Customs, to dispose of the said shoes outside the chanels of Commerce in such a manner as to preclude any damage to the applicant companyor order the Comptroller of Customs, to destroy those shoesin any caser without any compensation and at the expense of the respondents.
3. Order that the respondents are to bear all the costs in connection with the measures ordered in terms of the second and third demands of the applicant companiy, including transport of the said shoes for storage in Malta before their eventual destruction ...omissis... as well as the transport from the place of storage till the eventual destruction of the merchandise, icluding all the expenses incurred for the final destruction of the said shoes.
With costs, against the respondents from now summoned so that a reference to their evidence be made.
List of Documents.
Service: 36, Archbishop Street, Valletta.
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 Gino Camilleri, LL.D., Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1978
1978By means of a decree of the 17th September 2012 in the First Hall of the Civil Courtsin the records of the judicial letter number 1064/12 in the names Bank of Valletta p.l.c. vsKenward Cole , ordered the following publication for the purpose of service of the respondent Kenward Cole in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 30th March 2012 against Kenward Cole (I.D. 541562M) of Dama di Quadri, Triq il-Baltiku, San Ġiljan, Bank of Valletta p.l.c. of1/5, Misraħ San Ġorg, Valletta, VLT 1190, whilst refering you to the four private writings dated 30th September 1992, 11th February 1993, 23rd July 1994 and 10th November 1998, whereby you guaranteed together and in solidum with H.P. Cole Limited in favour of Bank of Valletta plc, the debts of the same H.P. Cole Limited with Bank of Valletta plc calls upon you so that within two days you pay the sum of €2,167,899.54 balance of debt in the Loan and Overdraft Accounts of H.P. Cole Limited with Bank of Valletta p.l.c. together with further interests from the 17th February 2012 till the date ofeffective payment.
This calling is being made without prejudice to other procedures filed against you by the interpellant bank for other balances due by you.
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 1979
1979By decree given by the Civil court, first hall on 22nd november 2012, on the application of hsbc bank malta plc, monday, 14th january, 2013 at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in the corridors of these law courts, republic street, valletta of the following item seized from the property of spiteri neville et.
Insurance policy known as Lifestyle Savings Plan numbered 100-006813 issued by HSBC Life Assurance (Malta) Ltd.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1980Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 4th September 2012, following a request of Adv. Dr Peter Fenech noe, it was ordered that Deputy Curators be chosen to representthe absent consegnetary SARL Almira Import Export in the records of the Sworn Application number 858/2012 MCH, in the names ‘Adv. Peter Fenech vs Deputy Curators’ and in the relative and subsequent acts.
By means of the Sworn Application filed in the First Hall Civil Court, in the names Adv. Peter Fenech as special mandatary of the foreign company New Balance AthleticShoe Inc vs Deputy Curators to represent the absent consegnatory SARL Almiria Import Export and the Bank Al-Baraka D’ Algerie, for any interest it might have, on the 28th August 2012, the applicants humbly asked this Honourable Court so that:
1. It declares that the objects consisting in sport shoes on which there are the marks ‘N’ ‘NB’ and ‘New Balance’ and which are presently under the Authority of the Comptroller of Customs, after he suspended the release of the container with number INKU 6245487 containing the said objects are counterfeit according to articles 2(1) (a) and (B) of Cap. 414 of the Laws of Malta and contravene the rights of intellectual property of the applicant company New Balance Athletic Shoe Inc, in regard to its community trademarks mentioned in the application ...omissis... and violate article 2(1) (a) and (B) of Cap. 414 of the Laws of Malta and this if necessary by means of the appointment of experts for this purpose.
2. Order the Comptroller of Customs to dispose of the said merchandise outside the Chanels of Commerce in such a manner as to preclude any damage to the applicant company or order the Comptroller of Customs to destroy that merchandise in any casewithout any compensation and at the expense of the respondents.
3. Order that the respondents are to bear all the costs in connection with the measures ordered in terms of the second and third demands of the applicant companies, includingthe transport expenses of the said merchandise for storage in Malta before its eventual destruction ...omissis as well as the transport from the storage place till the place of eventual destruction , including all the expenses incurred for the final destruction of the said merchandise.
With costs, against the respondents summoned so that a reference to their evidence be made.
List of Witnesses.
List of Documents.
Notify: Applicants: 36, Archbishop Street, Valletta.
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 Raymond C. Pace, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1981
1981By means of a decree of the 3rd October 2012 in the First Hall of the Civil Courts in the records of the judicial letter number 1065/12 in the names Bank of Valletta p.l.c. vsKenward Cole, ordered the following publication for the purpose of service of the respondent Kenward Cole in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 30th March 2012 against Kenward Cole (I.D. 541562M) of Dama di Quadri, Triq il-Baltiku, San Ġiljan, Bank of Valletta p.l.c. of1/5, Misraħ San Ġorg, Valletta, VLT 1190, whilst refering you to the four private writings dated 11th November 1987, 5th September 1990, 9th June 1994 and 10th November 1998, whereby you guaranteed together and in solidum with Cole Foods Limited in favour of Bank of Valletta plc, the debts of the same Cole Foods Limited with Bank of Valletta plc calls upon you so that within two days you pay the sum of €1,622,090.14 balance of debt in theOverdraft Account ofCole Foods Limited with Bank of Valletta p.l.c.togetherwith further interests from the 17th February 2012 till the date ofeffective payment.
This calling is being made without prejudice to other procedures filed against you by the interpellant bank for other balances due by you.
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 1982
1982By decree given by the CIVIL COURT, FIRST HALL on 22nd November, 2012, on the application of GATT MARIO ET, Tuesday, 22nd January, 2013 at 11.30 a.m., has been fixed for the SALE BY AUCTION, to be held at FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
The tenement numbered 6, formerly 141, Triq Bajjada, Żabbar, free and unencumbered, valued at fifteen thousand euro (€15,000).
The said tenement is owned a portion of one fourth (¼) to Mario (I.D. 166556 M) and wife Louise Gatt, on the other hand a proportion of three fourths (¾) owned by Josephine Mallia as a curator on behalf of the vacant inheritance of Giovanni Camilleri appointed from this Honorable Court by a decree on the 17th August, 2007 and Avv. Dr Renè Frendo Randon, Angela Zerafa, Professor Albert Fenech, Priscilla Camilleri Ellul Bonnici and Maureen Laferla or either of them.
N.B. The said tenement will be sold as described in the judgement given on the 30th June, 2012 and in the file number 64/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals