Mur Lura
Court Notices published in Govt. Gazette No. 19,009 of the 28th December 2012
01/01/2012
Notice 3007
3007By means of a decree given, on the 26th August 2010 by the First Hall Civil Court, in the records of the Application number 1089/2012 JPG, in the names Bank of Valletta p.l.c. (C 2833) vs Crown Hotels Limited (C 22101) Judicial Sale Number 47/07, in the names Bank of Valleta p.l.c. (C 2833) vs Crown Hotels Limited (C 22101) , the Court, ordered the following publication according to Article 416 (1) (2) and (4) of Cap. 12 of the Laws of Malta.
That by means of a Schedule of Compensation, filed, by the company Bank of Valletta p.l.c. on the 2nd June 2010, in the records of the Judicial Sale, above mentioned, number 47/2007, in the names Bank of Valletta p.l.c. (C 2833) vs Crown Hotels Limited (C 22101) there was presented a Schedule of Compensation, for the amount of (a) four hundred seventy-four thousand and one hundred Euro (€474,100) and (b) Fifteen thousand, four hundred and fifty Ewro (€15,450) for the immovable property mentioned in this application, which were sold in virtue of the Judicial Sale, which was held on the 27th May 2010.By means of a decree of the 26th August 2010, above mentioned, the Court, after having seen that there was more than one creditor who was interested in the present procedures, ordered amongst others that there be opened, the Competition of Creditors, and by means of another decree of the 15th October 2012, appointed the said Competition of Creditors , for hearing on the 12th December 2012, at 10.00 a.m.
By means of another order,of the Civil Court First Hall, of the 12th December 2012, the Court ordered that the Application above mentioned, Competition of Creditors, Bank ofValletta p.l.c. (C 2833) vs Crown Hotels Limited(C 22101) application number 1089/2012 JPG, beput off for hearing to the 7th March 2013, at 10.30 a.m.
By means of this Notice, whoever has an interest is being called to bring foward his claims in the manner stipulated by Law. When this time shall lapse no one who shall not have proceededaccording to Law, shall be able to stopor otherwise hold the Competition of Creditors from being decided between those who have appeared.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3008
3008In the records of the Bankruptcy of Martin Cilia (I.D. 129265M) Number 1048/2003 AE.
By means of this publication Notice is being given that the decree given by the First Hall Civil Court, on the 14th December 2012, was deposited in the Registry of this Court, In virtue of the said decree the Creditors of the Bankrupt were verified and confirmed. They are the following:
1. HSBC Bank Malta plc - €33,562, with interest on the amount from the 10th April 2005, till the 26th October 2006;
2. Director of Customs and Excise - €8,134.17.
3. Director General (Value Added Tax) €12,062.24.
4. Bank of Valletta plc - €160,361.75, with interest from the 1st October 2003, till the 26th October 2006, €821.41 legal expenses; €203,776.40, with interest from the 1st October 2003 till the 26th October 2006, €989.26, legal expenses.
5. Arms Limited - €14,753.70.
6. Go plc - €3,937.76, capital, €525.97 judicial expenses and with interest from the 31st May 2006 till the 26th October 2006.
7. General Soft Drinks Company Limited - €2,034.13 capital, €320.59 judicial expenses, with interest from the 11th October 1996, till the 26th October 2006.
8. Advocate Dr Adrian Delia - €321.45.
This Notice is being published for all intents and purposes of Article 515 of the Commercial Code.
Notice is also being given that by means of the decree above mentioned, the Court called a meeting for the creditors who have admitted, on the 5th March 2013, at 9.30 a.m., which meeting shall be held in the Court Building, Valletta, before Mr Justice Anthony Ellul and for which meeting Martin Cilia is to attend. This meeting was called for all intents and purposes of Article 519 of the Commercial Code (Cap. 13).
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3009
3009By a decree of the Small Claims Tribunal of the 5th November 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 24th July 2012 whereby they asked the Tribunal to condemn Rita Aquilina (I.D. 192269M) of Blokk 1, Flat 2, Bini tal-Gvern, Triq il-Gżira, Gżira, to pay the plaintiff company the sum of €1,486.98 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 508/12NHV) is put off on the 14th January 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 3010
3010By a decree of the Small Claims Tribunal of the 5th November 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 2nd August 2012 whereby they asked the Tribunal to condemn Todorov Dimitrov Krassimir (I.D. 241299M) of 32, Burdines, Triq il-Kwarta, Swieqi, to pay the plaintiff company the sum of€1,034.32 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 540/12NHV) is put off on the 14th January 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 3011
3011By means of a decree given, on the 23rd November 2012, by the Court of Appeal, (Inferior Jurisdiction) in the records of the Application, in the names Maria Theresa k/a Marisa Bartolo vs Conservatorio Vincenzo Bugeja and the Minister of Education and Family Hon. Dolores Cristina, 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 Court of Apeal,(Inferior Jurisdiction) Decision Number2172, Case Number 2995/CC, Maria Theresa k/a Marisa Bartolo vs Conservatorio Vincenzo Bugeja and the Minister of Education and the Family Hon. Dolores Cristina, on the the 1st October 2012, the applicant Minister Dolores Cristina, as indicated in the heading as Minister of Education and the Family respectfully pleaded;
That by means, of an application, filed, on the 31st January 2012, the respondent, Marisa Bartolo, declared that she was employed by the Conservatorio Vincenzo Bugeja, on the 1st May 2009, with one year probation;
That the same Marisa Bartolo, declared that her employmenthad been confirmed on the 19th April 2010, so that subsequently the same employment was terminated on the 30 th November 2011, due to redundancy;
That it furthermore results that in July 2010, the same employee had been suspended under special leave with full pay till the displ;inary procedures were taken.
...omissis...
That the same Marisa Bartolo, confirmed, that from July 2010 till November 2011, and namely for the whole period of one year five months, she was still paid all her wages from the respondent.
...omissis...
That it also results that during the period mentioned, in the preceeding paragraph, namely from July 2010 till November 2011, a global period of one year five months, the same Marisa Bartolo, still worked in the security sector with another employer.
...omissis...
That this above mentioned amply results from the records of the case.
That after she remained for all this period (from July 2010 till November 2011) and namely for the period of one year five months) recieving her salary from the other respondent, Conservatorio Vincenzo Bugeja, and this besides the salary from the other employer, the same Marisa Bartolo, was of the opinion that she had to file this application before the Industrial Tribunal, in order that it be declared that her dismissal was unjust.
That on the 19th November 2011, and namely after the same Marisa Bartolo, had been recievingall her salary since July 2010, for the period of one year five months, during this period the same Conservatore Vincenzo Bugeja, employed no one to carry out the work which the same Marisa Bartolo, carried out, the Conservatorio Vincenzo Bugeja, declared that the place of work, which about two years before, had been occupied by Marisa Bartolo, was no longer necessary, but due to a reorganisation which occurredand declared that the same job had been ‘abolished’ and thus declared that the same Marisa Bartolo, had become redundant.
That consequently the respondent, Marisa Bartolo, had her employment terminated due to redundancy according to Law.
...omissis...
The work which had been carried out by the appellant Marisa Bartolo, was no longer necessary, and during the period mentioned,when the respondent was still given all her salary, such work was not carried out by anybody.
...omissis...
That in virtue of a judgement of the 19th September 2012, the Industrial Tribunal, decided that the stopping of Marisa Bartolo, from her employment, by the Conservatorio Vincenzo Bugeja, was not justified.
That the respondent appellant Minister of Education and Work, feels aggrieved by this judgement and is thus filing this humble appeal.
1. That the grievances of the applicant appellant are clear and manifest and consist in the following.
That in the first place it is to be pointed out that the applicant recieved no type of notification from the Industrial Tribunal.
...omissis...
That this results amply proved from the records of the case and the service is defective.
That it results most clearly that the Attorney General was not notified and due to thisthe service which should have been made to the applicant which is found in the records can never be considered as a valid service according to law.
2. That without prejudice to the premised, and has already been pointed out by the other respondent, The Industrial Tribunal in its judgement which is being presently impugned through this application,wrongly referred to Adv. Peter Fenech, as the Advocate which infact was appearing and defending both the Conservatorio Vincenzo Bugeja, as well as the applicant Minister.
That effectively at no point in the proceedings did there result what was stated by the Tribunal, with the final result, that the applicantbesides not being notified according to law, did not even have an advocate to defend her.
That it is being humbly submitted, that this goes against one of the basic principles of Natural Justice, which states that allthe parties in a case are to be heard or be given the opportunity to be heard.
...omissis...
3. That without prejudice, the applicant Minister did not have under her Ministry the family sector, when the said application was filed and thus even the manner in which she was referred to in the heading is mistaken and due to this the same application is to be considered and null and without effect in her regard.
4. That without prejudice to the premised, the applicant Minister did not have anything to do with the decision of the Conservatorio Vincenzo Bugeja, in November of 2011, that the same Marisa Bartolo, be dismissed on the basis of redundancy;
That amongst the considerations that should have never been taken into consideration and which infact were taken into consideration contrary to law by the same Tribunal, there was that the alleged action on the part of the applicant, that by means of a letter in May 2010, the applicant hadgiven instructions to the Board of Administration, so that the respondent be suspended. The Tribnual mixed up this letterwith the question of redundancy and by the application of the principle invented by it, in the sense, that in order to have termination on the basis of redundancy, the Tribunalhas to be convinced ‘ beyond every reasonable doubt’ (a criterion of criminal law and not civil and industrial law) that the said redundancy was genuine, concluded that there was no genuine redundancy and that the redundancy was only a sort of screen. It is clear that once the applicant appellant, had no part in the declaration of redundancy, she could not have been found responsible.
That as regards her letter on the basis of which the suspension was made it is to be made clear that the applicant was constrained to issue that letter, and namely the recommendation of suspension of Marisa Bartolo, since a bit after in fact the Board of Administration, confirmed the employment of the same appellant Marisa Bartolo,the same applicant, started to recieve various reports that Marisa Bartolo, used rather harsh methods which were absolutely unacceptable in order to restrain the vulnerable girls, which stayed at the Conservatorio Vincenzo Bugeja.
That amongst the allegations there were allegations that the same Marisa Bartolo, had broke the confidentiality in regard to the residents.
That the applicant was shouldering the responsibility which emerges from the law that these residents who lived in the homes of the Conservatorio , were there because the applicant,had issued a care order in their regard and thus she was responsible for their well being;
That the applicant in her capacity of Minister of that sector, which fell under her ministry , when allegedly those accidents took place, had in the first place the duty to safeguard the girls from abuses of this type, despite that they were not yet proved.
That in the circumstances, the applicant had no other choice but to ask the Board of Administration of the Conservatorio Vincenzo Bugeja, to immediately suspended Marisa Bartolo.
That furthermore there was another aqllegation against Marisa Bartolo, which states that Marisa Bartolo,used unecessary force when she pushed a resident.
...omissis...
That it is to be emphasised that besides the intervention above mentioned the Minister had absolutely no connection with the circumstances of the case which occcurred after July 2010.
That it is to be pointed out that the facts referred to in the preceeding paragraph had no connection with the fact of redundancy, since these factors above mentioned were no longer relevantas they were superseded (superseded by events)
Thus the applicants whilst referring to the above brought forward and any other proof or submission brought forward and whilst bringing any other proof which can be legally brought forward before this Honourable Court, at this stagehumbly ask this Honourable Court, to cancel and annul the Decision of the Industrial Tribunal, dated 19th September 2012, since the same decision was not the result of a fair hearing ...omissis... or cancel and revoke the judgement appealed for the reasons premised and this with costs of both instances against the respondent.
Appellant: Ministry of Education, Strait Street, Valletta.
Respondent: Marisa Bartolo, 41, Dovecot, Flat 1, Triq Ponsonby, Mosta.
Service: Conservatorio Vincenzo Bugeja, St. Joseph , High Street, Santa Venera.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3012
3012By decree given by the CIVIL COURT, FIRST HALL on the 29th November, 2012, on the application of BANK OF VALLETTA PLC, Thursday, 24th January, 2013 at noonhas been fixed for the SALE BY AUCTION to be held IN THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
Shop named “Happy Store”, numbered one hundred ninety-three (193) in Triq San Mikiel, Cospicua, at ground floor level, exempt from the payment of the original annual and perpetual ground rent, otherwise free and unencumbered, with all its rights and enjoyments, that has also a basement floor, with right of access to the roof of the residences overlying the same shop, valued at forty-six thousand five hundred euro (€46,500).
The said tenement is the property of CUTAJAR GODFREY (I.D. 290779M).
N.B. The said tenement will be sold as described in the acts of file number 70/11.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 3013
3013By means of a decree given by the First Hall Civil Court, on the 22nd November 2012, in the records of the Sworn Application in the names Sansone Luigi Av. Noe vs Zammit Carmel, application number 1062/12 MCH, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Advocate Dr Luigi A. Sansone, LL.B. (Hons), LLD, holder of identity card number 25869 letter ‘M’ as special mandatary of TKS s.a. societé anonyme, a foreign company incorporated under the laws of Belgium and with an address of 37, Avenue Mathieu, 6600, Bastogne, Belgium vs Carmel Zammit, holder of identity card number 557764 letter ‘M’ and with an address of 110, Flt 3, West Street, Valletta, on the 23rd October 2012, the plaintiff nomine asked this Honourable Court:
1. To declare that the objects consisting in a number of hand watches as well as a number of packing boxes of hand watches, which all have the copies of designs of ‘ice watches’ and which are presently held under the authority of the Comptroller of Customs, after he had found that their postal packet with the reference CP 848296111HK (Maltapost parcel Air /HK/2012/2) which contained them, contravene the rights of intellectual property of the plaintiff company, since the objects were imported clandestinely, and uphold the other demands in the application, amongst whichthat the defendant is to bear all the costs connected with the measures ordered in terms of the third and fourth demand of the applicant.
With costs, against the defendant who remains from now summoned so that a reference to his evidence be made.
Plaintiff nomine: Advocate Dr Luigi A. Sansone, LL.B.(Hons), LL.D., holder of identity card number 258269 letter ‘M’ as special mandatary of TKS s.a. societé anonyme, a foreign company incorporated under the laws of Belgium and with an address of 37, Avenue Mathieu, 6600, Bastogne, Belgium, 84, Triq Melita, Valletta, VLT 1120.
Notify Defendant: Carmel Zammit, holder of identity card number 557764 letter ‘M’ - 110, Flt 3, West Street, Valletta.
The Sworn Application in the names Sansone Luigi Av. Noe vs Zammit Carmel, application number 1062/12 MCH, has been put off for hearing to the 17th January 2013, at 8.45 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3014
3014By a decree of the 21st December, 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 decree given by the CIVIL COURT, FIRST HALL on 25th October 2012, on the application of ZAMMIT RAYMOND ET and the request of PISANI CARMELO, Tuesday, 8th January, 2013 at 10.30 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 property.
Farmhouse and annexed garages numbered fifty-one (51), fifty-two (52), fifty-three (53) and fifty-four (54), in Żejtun Road, Marsaxlokk, together with the annexed land, valued at seven hundred and forty-seven thousand euro (€747,000).
The said tenement is the property of TABONE ROSARIO.
N.B. The said tenement will be sold as described in the acts of file number 20/10.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 3015
3015By means of a decree given on the 14th December 2012, following the judicial sale number 22/2007, in the names Lombard Bank Malta p.l.c. vs Allegro Andante Ltd, the First Hall Civil Court, ordered the following publication for the purpose of service according to Article 416 et . of Cap. 12.
Notice is being given that by means of Schedule number 189/2012, filed on the 7th February 2012, and schedule number 1433/2012, filed on the 4th October 2012, Lombard Bank Malta plc deposited in all the sum of one million and five thousand euro (€1,005.000) being price for which the premises Allegro Andante Restaurant, 130, Triq Spinola, St Julian’s, was bought, till this day claims were brought forward by Blye Engineering Co. Ltd, Commissioner for Value Added Tax, Dr Mark Miggiani, Lombard Bank Malta plc and John Cutajar. By means of a decree which was given on the 12th July 2010, the Court had ordered the opening of the Competition of Creditors of Allegro Andante Limited. By means of this Notice whosoever has as interest is being called to bring forward his claims, within one month as prescribed by Law. When this time shall lapse, no one who shall have not proceeded according to Law, shall be able stop or otherwise hold the Competition of Creditors from being decidedbetween those who l have appeared.
Whoever has an interest is also to appear during the sitting of the 5th March 2013, at 9.00 a.m. in the morning before the Hon. Mr Justice Anthony Ellul.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3016
3016By means of a decree given on the 29th November 2012, by the Civil Court ( Family Section) in the records of the Sworn Application number 462/12 AL, Arnett Myriam vs Cachia Joseph, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Chapter 12.
By means of an application filed in the Civil Court (Family Section) on the 22nd August 2012, in the names Myriam sive Suzanne Arnett (ID 571781M) vs Joseph Cachia (ID 434359M), the applicant Myriam sive Suzanne Arnett (ID 571781M) respectfully asked this Honourable Court:
1. To order the dissolution of the marriage between her and her husband Joseph Cachia and uphold the other demands in the application.
Applicant: 5, Ponderosa, Triq Sagra Famiglia, Bidnija.
Respondent: Blossomville, Triq il-Ħwawar, Iklin, L/O Naxxar.
The Sworn Application in the names Arnett Myriam vs Cachia Joseph,application number 462/12 AL , has been put off for hearing to the 15th January 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 3017
3017By decree given by the CIVIL COURT, FIRST HALL on 27th December, 2012, on the application of JC HYDRAULICS PRODUCTS LTD, Monday, 11th February, 2013 at 10.30 a.m. has been fixed for the SALE BY AUCTION to be held at WELCOME GARAGE, TRIQ L-ISPERANZA, MOSTA of the following item seized from the property of ABDILLA CONSTRUCT LTD and ABDILLA SAVIOUR.
Truck of the make Leyland DAF, white in colour, with chassis number XLRTE 85 WCOE 405474.
N.B. The said object will be sold as described in the acts of file number 31/12.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 3018
3018NOTICE
Whereas Diana Abdilla (I.D. 289901L) filed an application under oath (No. 299/12 RGM) demanding CORRECTION in the ACT OF BIRTH, with number 2899/2001, in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Bruno Zahra
For Registrar, Civil Courts and Tribunals