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Court Notices published in Govt. Gazette No. 19,083 of the 3rd May 2013

Date Icon 01/01/2013

Notice 724

724
By a decree of the Court of Magistrates (Malta) of the 26th March 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).
Edward Farrugia (I.D. 36861M) and his wife Lourdes Farrugia (I.D. 641757M) of Edlord, Triq Misraħ il-Barrieri, l-Imsida filed a Claim on the 18th January 2013, whereby they asked the Court to condemn Notary Pierre Falzon (I.D. 535060M) of Flat 2, Land Bridge Mansions, Dawret il-Gżejjer, San Pawl il-Baħar SPB 2502, to pay the plaintiffs the sum of €8,500 which amount is due to the plaintiffs.
With costs andinterests.
The case (Notice Number 18/13CSH) is put off to the 8th May 2013 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
26 April 2013

Notice 725

725
By a decree of the Court of Magistrates (Malta) of the 12th February 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).
F Advertising Ltd (C27689) of Auberge San Anton, Blk B, Old Railway Rd, Balzanfiled a Claim on the 30th July 2012, whereby they asked the Court to condemn John Bezzina of Tal-Ġebla, Triq il-Bir, corner with Triq il-Madliena, Swieqi,to pay the plaintiff company the sum of €6,442 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 254/12CSH) is put off to the 8th May 2013 at 9.00a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
26 April 2013

Notice 726

726
WHEREAS ANTHONY MARY KNOWN AS ANTHONY CILIA filed a writ of summons no. 23/2013 (JD) in the names “Anthony Mary k/a Anthony Cilia -vs- Id-Direttur tar-Registru Pubbliku għal Għawdex” demading CORRECTIONS in his ACT OF BIRTH bearing number nine hundred and one of the year one thousand nine hundred and forty three (901/1943).
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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.
Maureen Xuereb
For the Registrar, Gozo Courts and Tribunals
29 April 2013

Notice 727

727
By means of a decree given, by the First Hall Civil Court, on the 18th April 2013, in the records ofthe Sworn Application, inthe names Gap Developments Ltd vs Magri Noel et, application number 83/12 JRM, the following publication was ordered, for the purpose of service of the defendants, in terms of Article 187(3) et. of Cap. 12.
By means of a Sworn Application, filed in the Civil Court First Hall, in the names GAP Developments plc (C 38040) vs Noel Magri (I.D. 35957M) and Sharon Cachia (I.D. 85973M) on the 29th January 2013, the applicant company Gap Developments plc (C 38040) asked the respondents to state why this Honourable Court should not:
i) saving any necessary declaration declare that the respondents arebound to purchase and acquire from the applicant company, the appartment number 401 situated in the fourth floor of Block East Three (3) and two lock up garages situated in the level minus three of the garage complex forming part of the building complex wth the name Fort Cambridge, in Tignè Sliema, towards the price and conditions stipulated in the preliminary agreement dated 18th June 2007, as subsequently extended and uphold the other demands in the application, including the appointment of a public notary to publish the relative deed and deputy curators to appear for the eventual defaulters.
With costs as demanded, against the respondents, summoned so that a reference to their evidence be made.
Applicant: Gap Developments plc, Triq Censu Scerri, Tignè, Sliema.
Defendants: 1) Noel Magri, 101A, Idmejda Street, Balzan.
2) Sharon Cachia, 101A, Idmejda Street,Balzan.
The Sworn Application in the names GAP Developments Ltd vs Magri Noel et, application number 83/13 JRM, has been put off for hearing for the 11th June 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunal
29 April 2013

Notice 728

728
By means of a decree given, on the 18th April 2013, by the Rent Regulation Board, in therecords of the Warrant of Eviction in the names Francis Gatt vs Antonia Hole, application number 353/13, the following publication was ordered for the purpose of service of the respondent Antonia Hole, in terms of Article 187(3) of Cap. 12.
By means of an Application, filedin the Rent Regulation Board (Applicant Francis sive Frank Gatt (I.D. 847737M) Michael Gatt, William Gatt, Alfred Gatt, Francis Ferriggi, Mary Rose Spiteri vs (Respondent) Anonia Hole, on the 7th March 2013, the applicant Francis sive Frank Gatt, Michael Gatt, William Gatt, Alfred Gatt, Francis Ferriggi, and Mary Rose Spiteri, asked this Honourable Court:
To order the issuing of a Warrant of Evictionagainst the respondent from the undermentioned premisesin execution of the undermentioned judgement and whereas the respondent failed to do this till this day.
Premises: Apartment number six (6) in the blockwith number sixteen (16) in Triq San Bastjan, Rabat, Malta.
Judgement: Judgement dated 31st January 2013, of the Rent Regulation Board, in the names premised Application 49/2009 GG.
Sgd. Advocate Dr. Chris Cilia.
Sgd. PLGerald Bonello.
Filed by PL G. Bonello.
Warrant of Eviction.
Republic of Malta.
Court Warrant.
To the Court Marshall
Given by the Rent Regulation Board, by Magistrate Dr Giovanni Grixti, LLD, Magistrate of the Court above mentioned.
Applicant: Francis Ferriggi, 33, Inguanez Street, Rabat.
Notify: Antonia Hole, Apartment Number 6, Block with number 31, previously 16, in Triq San Bastjan, Rabat, Malta.
Adv. Frank Portelli,LL.D.
For the Registrar Civil Courts and Tribubnals
29 April 2013

Notice 729

729
By meansof a decree given, by the First Hall Civil Court, on the 19th April 2013, in the records of the Protest number 487/12, in the names Mark Camilleri vs Bank of Valletta et, the following publication was ordered for the purpose of service of Mario Tonna, in terms of Article 187(3) et. of Cap. 12.
In the First Hall Civil Court
Protest 487/12.
Mark Camilleri, with idenity card Number 117291(M)
vs
Bank of Valletta plc, HSBC (Malta)
Bank plc, J.M. Vassallo Vibro Steel
Steel Limited C 35874, Mario Tonna, having idenity card 551943M and Y&P.
Marketing (Malta) Ltd C 25999.
Protest of Mark Camilleri having Identity Card Number 117291(M).
Respectfully pleads;
That following the application filed by the Bank of Valletta plc and following a request of Mario Tonna for the judicial sale of the maisonette with the name ‘Silver Shadow’ with number one (1) in Triq is-Selq, Ħaż-Żabbar, the protesting party, as the highest bidder, during the same judicial sale, was adjudged the said premises for the global sum of forty nine thousand five hundred ewro (€49,500);
That the said property was duly adjudged in favour of the protesting party, on the 3rd July 2012 (DocA) and enrolled on the 10th September 2012 (Doc B) and this after he deposited the amount offered under the Authority of this Honourable Court, by means of schedule with number 978/12 (Doc C) and thus the protesting party has become the owner of the premises above mentioned.
That it results that the respondents have a secured credit by means of a hypothec according to the following;
Y&P Marketing (Malta) Ltd C 25999 registered a general hypothec with number 16189/11 for the amount of €19,751.48 besides interest.
HSBC (Malta) Bank plc regisered the general hypothecs with numbers 13031/00 for the amount of Lm5000, 9838/02 for the amount of Lm3,035.59 and 10456/02 for the amount of Lm5188.85 as well as special hypothecs with numbers 6146/03 for the amount of Lm5,188.85. 734/04 for the amount of Lm5,188.85 and 353/07 for the amount of Lm3,035.59, however they declared that today it is the amount of €5,493.01 which has not been paid to them;
J.M. Vassallo Vibro Steel Limited C 35874 registered a general hypothec with number 2768/10 for the amount of €45.485.56 and a special hypothec with number 3576/10 for the amount of € 45,485.56.
Mario Tonna registered a special hypothec with number 3231/11 and a general hypothec with number 18475/10 for the amount of € 23,740.08, besides expenses and legal interests;
Bank of Valletta plc registered two hypothecs with numbers 15588/97 and 15705/98, howeverit declared in the original application filed that the amount due by itby the spouses Baldacchino today amounts to €4,230.01.
That the interpellantdo not knowif these amounts are all still due and or if a part of them has been paid on account and thus this protest is being made, saving further verifications.
That the interpellant is proceeeding in this procedure in terms of the requisitesof Article 356 of Cap. 12 of the Laws of Malta, and in order to shorten the terms acording to the provisions of the Law;
Therefore by means of this protest and in terms of Article 356 of Chapter 12 of the Laws of Malta, the protesting party is bringing the above premised to the formal notice of the respondents.
Protesting Party: Mark Camlleri, 19, Triq il-Bufula, Hamra, Mosta.
Services: Bank of Vallettaplc, St. George’s Square, Valletta.
HSBC (Malta) Bank plc, 116, Archbishop Street, Valletta.
J.M. Vassallo Vibro Steel Limited, Mdina Road, Żebbuġ, (Malta).
Y&P Marketing (Malta) Limited, Triq Burmarrad, l/O Naxxar.
1. Mario Tonna, No 2, St. Andrews Road, St. Andrews.
2. Mario Tonna, No. 2. Triq Sant’ Andrija, Pembroke.
Adv. Frank Portelli,LL.D.
For the Registrar,Civil Courts and Tribunals
29 April 2013

Notice 730

730
By a decree of the 25th February, 2013, given by the Civil Court First Hall, this Court ordered the publication in the government gazette and ordered the notification of the application on the debtor and all known creditors in terms of Article 338 (1) of Cap. 12 have twenty days to file their answer. Provided that the parties take cognizance of the obligations imposed on them in terms of Article 66(3) of Chapter 354 as applied 43 (9) of Chapter 372 regarding any capital gains tax in terms of Article 5 of Chapter 123.Orders also notify the Commissioner of Inland Revenue.
That by an application filed by Bank of Valletta plc (C2833) on the 20th February, 2013, is asking for the withdrawal of the amount of €42,000 deposited by Schedule of Deposit number 130/2013, lodged by Mark Camilleri (I.D. 117291M).
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Notice 731

731
By decree given by the CIVIL COURT, FIRST HALL on the 22nd April, 2013, on the application of BANK OF VALLETTA PLC, Thursday, 4th July, 2013 at 11.00 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.
1. Penthouse, internally marked number 4, overlying garages unnumbered and named ‘Bridge End, in Olive Street, The Gardens, St. Julians, including its airspace and one fourth (1/4) share of the common parts of the same block, subject to annual and perpetual groundrent of €18.47, valued at €190,000.
2. Garage numbered two (2), forming part of a complex of five (5) garages, found on the basement level, in Olive Street, The Gardens, St. Julians, including one fifth (1/5) share of the common parts and the ramp, subject to annual and perpetual groundrent of €18.47, valued at €18,600.
3. Garage numbered five (5), forming part of a complex of five (5) garages, found on the basement level, in Olive Street, The Gardens, St. Julians, including one fifth (1/5) share of the common parts and the ramp, subject to annual and perpetual groundrent of €18.47, valued at €28,000.
The said tenements are the property of GROUP C LTD AND EDWARD ELLUL (I.D.612847M).
N.B. The said tenements will be sold as described in the acts of file number 63/09.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
29 April 2013

Notice 732

732
By means of a decree, given on the 23rd April 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Saliba Lorraine vs Xuereb Kenneth, application number 592/12 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 an application filed in the Civil Court(Family Section) in the names Lorraine Saliba (I.D. 290974M) vs Kenneth Xuereb (I.D. 209175M) on the 9th November 2012, the applicant Lorraine Saliba asked this Honourable Court;
1) to declare and pronounce the dissolution of marriage between the parties for the reasons mentioned in the application and namely that they have been legally separated for more thanfour years and there is no possibility of reconciliation between them and uphold the other demands in the application.
With costs against the respondent from now summoned so that a reference to his evidence be made.
Applicant: Bridge Apartments, No 3. Triq il-Barbaġann, Kappara.
Service: Aurora, Triq Gregorio Caraffa, Mtarfa.
The Sworn Application in the names Saliba Lorraine vs Xuereb Kenneth, application number 592/12 AL, has been put off to the 13th June 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
30 April 2013

Notice 733

733
By means of a decree given, on the 28th February, 2013, by the Rural Leases Control Board, in the records of the Sworn Application, in the names EMP Properties Limited vs Sammut Carmelo sive Charles, application number 16/12 FDP, the followingpublication 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 Rural Leases Control Board, in the names EMP Properties Limited (C 29619) vs Carmelo sive Charles Sammut, on the 20th December 2012, the applicant EMP Properties Limited (C 29619) respectfully pleaded:
That the applicant company is the owner of an area of land in Imtaħleb, part of which land is granted on lease to the respondent towards the agricultural rent of €46.60 due yearly on Santa Marija and the next instalment due is on the 15th August 2013;
That the respondent violated various lease conditions including that he constructed and permitted the construction of various structures without the permission of the competent authorities and the owner’s authorisation;
That furthermore the respondent is not using the land leased for agricultural purposes;
That the respondent has not tilled the land for various years and left in a dilapidaed state a farmhousebuilt on the land de quo so much so that today it is in a very bad state.
Thus the applicant company respectfully prays so that it be authorised by this Board to take back possession of the land de quo by fixing to the respondent a short and peremptory period for his eviction from the said land and if it be the case liquidate the compensation for the improvements due to the respondent.
With costs, against the respondent.
Respondent: St Francis, l-Irziezet tal-Imtaħleb, ir-Rabat, Malta.
The Sworn Application in the names EMP Properties Limited vs Sammut Carmelo sive Charles, application number 16/12 FDP, has been put off for hearing to the 9th May 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
30 April 2013

Notice 734

734
By means of a decree given on the 6th February 2013, in the records of the judicial letter, in the names Bank of Valletta p.l.c. (C 2833) vs Herman Sant I.D. 439971(M) et,the following publication was ordered for the purpose of service of the respondent Herman Sant, in terms of Article 187(3) of Cap. 12.
In the First Hall Civil Court
To 1. Herman and Mariella spouses Sant,
I.D. numbers 439971(M) and 145175(M).
2. Paul and Grace spouses Farrugia,
I.D. numbers 629450(M) and 782750(M).
By means of the present, the company Bank of Valletta p.l.c. calls upon you so that within three (3) days you pay, together and ‘in solidum’ between you, the sum of ninety- two thousand, three hundred twenty nine Ewro and sixty-six cents (€92,329.66)balance of debt in the ‘Current and Loan Accounts’ of Herman and Mariella, spouses Sant, with the Bank of Valletta p.l.c. together with further interests, from the 1st October 2012, till the date of effective payment.
The interpellant company, warns you that if you fail to make the payment above mentioned with the time fixed to you, they shall be constrained to proceed against you according to law, also, by passing on to sell the pledge, given by Paul and Grace spouses Farrugia (i) on the 14th January 2005 and namely of the 11 units of the VilhenaFunds Sicav plc – Vilhena Malta Fund DistributionShares, (ii) on the 18 th August 2005 and namelyof 2366 units of the La Vallette Funds Sicav plc – La Vallette Monthly Income Fund-Distribution and (iii) on the 14th April 2008 and namely of 112.6125 units of the HSBC Global Inv. Funds Sicav –HSBC Global Multi-Asset Alpha (EUR), held in the name of the same Paul and Grace spouses, Farrugia, as provided in subarticles (4) to (8) of Article 1970of Chapter 16 of the Laws of Malta.
Interpellant company:
Bank of Valletta p.l.c. ( C 2833)
1/5, Misrah San Ġorġ,
Valletta VLT 1190.
Respondents: 1. Herman Sant
182, Triq Santa Luċija,
Valletta.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
02 Mejju 2013

Notice 735

735
By decree given by the Civil Court, First Hall on 26th April, 2013, on the application of Grima Dr Noella nomine, Wednesday, 24th July, 2013 at 10.00 a.m., has been fixed for the SALE BY AUCTION to be held at BLB 020 C, Industrial Estate, Bulebel, Żejtun of the following items seized from the property of SM (CABLES) LIMITED C19872.
Packing Machine, Extruder Line 25mm, Compressor ATLAS, Compressor Croci and HO5VV-F 4x6 length 1000 metres.
N.B. The said object will be sold as described in the acts of file number 6/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
02 Mejju 2013