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Court Notices published in Govt. Gazette No. 19,175 of the 29th November 2013
01/01/2013
Notice 1902
1902By means of a decree given bythe First Hall Civil Court, on the 15th November 2013, in the records of the Application Number 1101/13 JA, in the names Dr. Kris Borg (ID 19768M) vs Piraeus Bank A.E. registered in Greece, represented locally by its special mandatary Doctor Louis Cassar Pullicino vs The Vessel m.v. Triantafillos M, IMO Number 9428152, registered in Malta, with call sign 9HWAH and gross tonnage 5222, in the property of Indra Navigation Inc, a company registered in the Marshall Islands, the following publication was ordered for the purpose of service in terms of Article 416 et. of Cap. 12 of the Laws of Malta.
In virtue of this Notice it is hereby notified to whom it may concern that in the Registry of the First Hall Civil Court, there is the following sum lodgedby the following Schedule of Deposit 1. Schedule of Deposit number 846/2013, dated 26th June, 2013 in the names Dr. Kris Borg (ID 19768M) vs Piraeus Bank A.E. registered in Greece, represented locally by its special mandatary Doctor Louis Cassar Pullicino vs The Vessel m.v. Triantafillos M, IMO Number 9428152, registered in Malta, with call sign 9HWAH and gross tonnage 5222, registered in Malta,in the property of Indra Navigation INC, a companyregistered in the Marshall Islands for the sum of three million and two hundred thousand Euro(€3,200,000.00) representingthe priceof the vessel m.v. Triantafillos M and this following the approval of the sale of the same vessel according to a decree given by the Court on the 19th June, 2013. From the judicial recordspresented in the registry, there resultvarious creditors who have brought forward their claims against the vesselm.v. Triantafillos M or on the proceeds from this sale. That the applicant Piraeus Bank A. E. has no objection that the credit due to Francis E. Sullivan Company Limited, in the sum of €14,218.88 be withdrawn as this ranks before any other credit. That after the withdrawal of this credit there shall remain a balance of €3,185.781.12. That in all the credits of the remaining creditors and which shall competewith the applicant Bank shall amount to €377,188.48 and in the humble opinionof the applicantit is not the case that such a huge sum remain deposited in the registry for the eventual competition of creditors. Thus the applicant respectfully prays that this Honourable Court:
i. authorise the withdrawal of the sum of €14,218.88 in favour of Francis E. Sullivan Company Limited;
ii. authorise the withdrawal of the sum of €2,685.781.12 as payment on account of the credit due to the applicant Bank, Piraeus Bank A.E.;
iii order the opening of the competition of creditorsin regard to the remaining sum in the records of the schedule of deposit in the names premised.
Wherefore any person, claiming to have an interest in the matter is required to exercise his rights on the deposit aforesaid by means of an application within one month as provided by law. When this time shall lapse no one who shall not have proceeded by the mode provided by law can stop or otherwise hold the competition of creditors from being decided between those who have appeared.
Whoever claims to have an interest is also to appear during the sitting of Wednesday, 19th February, 2014 at 9.30 a.m. in the First Hall Civil Court presided by the Hon. Justice Joseph Azzopardi LL.D.
Adv. Frank Portelli LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1903
1903It is being notified that by a decree dated 26th November, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, (Magistrate Dr Miriam Hayman LL.D.) Compilation number 1169/2013 in the case:The Police (Inspector Malcolm Bondin) versus Haitem Nassreddin Abu Rawin, 22 years, student, son of Nassreddin and Amal, born in Tripoli, Libya, on the 8th of April, 1991 and having no residence in Malta, and holder of Libyan passport bearing number 506742, and Hanibal Mohamed Al Mabrouk, 21 years, student, son of Mohamed and Moufeda, born in Tripoli, Libya, on the 31st of October, 1992 and having no residence in Malta, and holder of Libyan passport bearing number 369196, ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Haitem Nassreddin Abu Rawin and Hanibal Mohamed Al Mabrouk, and prohibits the said accused from transferring or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
DR YVETTE BORG LL.D.
f/Registrar Criminal Courts and Criminal Tribunals
Notice 1904
1904By means of a decree given by the First Hall Civil Court on the 23rd October, 2013 in the records of the Sworn Application, in the names Sorge Ruth et vs Sciberras Francis, Application Number 910/13 JA, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) et. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, Application Number 910/13 JA, in the names Ruth Sorge ID 494871M and Norman SciberrrasID 346077M, on the 23rd September, 2013 the applicants Ruth Sorge and Norman Sciberras asked this Honourable Court:
1. To decide, declare and confirm that the applicants are the owners of one half undivided share of the garage without number, with the name ‘Frans Garage’, which is situated in Triq Ċensu Farrugia, in Msida, and the shop without number with the name ‘Swieqi Self Service’, which is situated in Triq il-Ħawt, Swieqi, divide and assign in equal portions the same properties once they are easily divisible ..omissis... order that in case they are not easily divisible they be sold in licitation.
With costs and interest against the defendant summoned so that a reference to his evidence be made.
Applicant: Ruth Sorge, Rosemar Flats, Flat 2, Carini Street, Sta. Venera.
Defendant: Francis Sciberras, 7, Block 35, Conception Street, Msida.
The Sworn Application in the names Sorge Ruth et vs Sciberras Francis, application number 910/13 JA, has been put off for hearing to the 8th January, 2014 at 9.30 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1905
1905By a decree of the Small Claims Tribunal ofthe 29th August, 2013 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) ofTriq Fra Diego, Marsa, MRS 1501,filed a Claim on the 15th January, 2013 whereby they askedtheTribunaltocondemnAlcockWarrenTerence (ID 35302L) ofPeprine Crt, Flat 4, Triq Massimiljanu Kolbe, San Pawl il-Baħar,to pay the plaintiff company the sum of€876.10, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 25/13YMS) is put off on the 4th December, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1906
1906By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section,on the 26th November, 2013 on the application of Joseph Caruana and Company Limited in the records of judicial sale by auction number 21/2013 in the names of Malta Industrial Parks vs Tower Products Ltd. (and after warrant of seizure number 78/2013), of Monday 20th January, 2014 at 10.30 a.m. and until the highest bid is adjudicated, has been fixed for the Sale by Auctionto be held at the factory by the name of ‘Tower’, GGX 004A, Xewkija Industrial Estate, Xewkija, Gozo.
1. Machinery and other objects as shown in photos exhibited (a fol 11 to 18 of the acts).
The said items are the property of the company Tower Products Ltd. (C4283).
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 1907
1907By a decree given on the 12th September, 2013 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 Organisation and Civil Procedure (Cap. 12).
By a decree given by the Civil Court First Hall on the 30th September, 2013 on the application of HSBC Bank Malta plc of Thursday, 12th December, 2013 at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the first floor of these Law Courts, Republic Street, Valletta, of the following property:
Half undivided share (½) of the property number twenty five (25), Moll il-Braken (Lighters’ Wharf), Marsa, which consists of a hall on the first floor overlying the property belonging to third parties closing from a door which leads to the said Moll il-Braken, with the overlying airspace and the yard, with all its rights and appurtenances, and subject to a rent in favour of third parties, valued at one hundred and ten thousand euro (€110,000).
The said tenement is the property of Marco Holdings Ltd(C13934).
N.B. The said tenement will be sold as described in the acts of file number 12/2013.
Bruno Zahra
For the Registrar Civil Courts and Tribunals
Notice 1908
1908Bymeans of a decree given by the Civil Court(Family Section) on the 14th October, 2013 in the records of Mediation 793/13, in the names Charlene Grech (ID 47787M) vs Charlo Borg (ID 182885M), the following publication was authorised for the purpose of service of the respondent Charlo Borg in terms of Article 187 (3) et. of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section) in the records of Mediation 793/13, in the names Charlene Grech (ID 47787M) vs Charlo Borg (ID 182885M) on the 14th June, 2013 the applicant Charlene Grech (ID 47787M) respectfully pleaded:
That from a relationship that the parties had a minor was born named ……omissis……, which minor was born on the 3rd September, 2007.
That the respondenthas for these last years not contributed anything for the maintenance of the minor.
Thus in view of the above the applicant respectfully prays that this Honourable Court orders the respondent to pay adequate maintenancefor the minor……omissis……saving other reasonable and opportune conditions.
Civil Court (Family Section).
Hon. Madam Justice Abigail Lofaro LL.D. Dip. Stud. Rel. Mag. Jur. (Eur Law).
Letter 793/13.
Charlene Grech vs Charlo Borg.
Having seen the application of the 14th June, 2013.
In the first place points out that the process of mediation is in its initial stages:
In the second place preliminary provides the following:
1. That the applicant is to confirm under oath the contents of the application.
2. That she is to confirm under oath whether she works or not. In the affermative she is to present the relative documents and copies of the FS3 and P3of the last two years.
3. That she is to present a sworn prospect of her whole income with the relevant detailstogether with the expenses she is incurring in particular with regard to the minor.
Subsequently order that this application together with the documents are to be notified to the respondent who is to file a sworn application within five working days which is to contain a sworn prospect of his whole income and the relative details.
Applicant: Uplands, Flat 3, Triq il-Buttanier, Marsaskala.
Respondent: Charlo Borg (ID 182885M).
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1909
1909By means of a decree given by the First Hall Civil Court, on the 1st July, 2013 in the records of the Sworn Application, in the names Degiorgio George sive Philip et vs Ludwig Limited et, Application Number 1260/12 SM, the following publication was ordered for the purpose of service of the company Ludwig Limited, in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, Application Number 1260/12 SM, in the names George sive Philip Degiorgio (ID 996048M) and his wife Marthese Degorgio (ID 611361M) vs Ludwig Limited (C 10880) and Sarex Limited (C 6098) for any interest it may have on the 20th December, 2012 the applicant George sive Philip Degiorgio (ID 996048M) and his wife Marthese Degiorgio (ID 611361M) asked this Honourable Court, so that saving any necessary and opportune declaration:
1. it declares that the backyard and room as described in the contract of the 29th August, 1997 in the records of Notary Doctor Paul Pullicino, hereby annexed Doc ‘A’ are the property of the applicantsby means of a free and unencumbered title;
2.declare that the respondent company Ludwig Limited has no rights on the said room and backyard;
3. declare that the relative rent for the said room and backyard is to be paid by the lessee today Sarex Limited to the applicants and uphold the other demands in the application.
With costs, as demanded in the application and saving any right of action due to the applicants on the rest of the shop in question and the relative rent.
Applicants: Villa Degiorgio, 72, Triq il-Kbira, Sliema.
Notify: Ludwig Limited, Flat 7, Les Roches, Qui –si-Sana Street, Sliema.
The Sworn Application in the names Degiorgio George sive Philip et vs Ludwig Limited et, application number 1260/12 SM, has been put off for hearing to the 16th January 2014, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1910
1910By means of a decree given by the First Hall Civil Court, on the 26th September, 2013 in the records of the Sworn Application, in the names Bank of Valletta plc vs Globino Limited et, application number 767/13 AE, the following publication was ordered for the purpose of service of the respondent company Globino Limited (C 10052) and the respondent Joseph Mifsud in terms of Article 187 (3) et. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Bank of Valletta plc (C 2833) vs 1. Globino Limited (C 10052), and 2. Joseph Mifsud (ID 396253M) on the 8th August, 2013 the applicant Bank of Valletta plc asked the defendants to state why this Honourable Court should not:
1. Condemn the company Globino Limited to pay the plaintiff company the sum of sixty thousand and fifty five Euro and sixty eight cents (€60,055.68) balance of debt in the ‘Overdraft Account’ of the company Globino Limited with the Bank of Valletta plc together with further interest, from the 29th June, 2013 till the date of effective payment and condemn Joseph Mifsud to pay together and ‘in solidum’ to the plaintiff company the sum of forty six thousand five hundred eighty seven Euro (€46,587.00) balance oflarger sum for the debt in the ‘Overdraft Account’ of the company Globino Limited with the Bank of Valletta plc together with further interest from the 29th June, 2013 till the date of effective payment.
With costs as demanded against the defendants summoned so that a reference to their evidence be made.
Applicant company:Bank of Valletta plc (C 2833) 1/5, Misraħ San Ġorġ, Valletta.
Defendants: 1. Globino Limited, 235/236, St. Joseph High Road, Ħamrun.
2. Joseph Mifsud, 805, Triq il-Kbira San Gużepp, Ħamrun.
The Sworn Application in the names Bank of Valletta plc vs Globino Limited et, application number 767/13 AE, has beenputoffforhearingtothe17th January, 2014 at 8.45 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals