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Court Notices published in Govt. Gazette No. 19,106 of the 5th July 2013
01/01/2013
Notice 1110
1110By means of a decree given, by the First Hall Civil Court, on the 16th May 2013, in the records of the Judicial Protest, in the names Alan Christopher Bonnici (ID 251485M) et vs Edwige Testa et, the following publication was ordered for the purpose of service of the respondents,in terms of Article 187(3) et of Chapter 12.
In the First Hall Civil Court
In the records of the judicial protest in the names
Alan Christopher Bonnici (I.D. 251485M) and his wife Connie Bonnici (I.D. 520564M)
Pierre Grech (I.D.672257M)and his wife Anne Grech (I.D. 27960G) and
Karl Mallia (I.D. 84375M)
vs
Edwige Testa, Chairman Environment and PlanningAuthority, Chairman Transport Malta, Commissioner of Lands, Director General, Project Design and Implementation Department.
Counterprotest of the Transport Authoprity in Malta.
Respectfully pleads;
That the respondent Authority was notified withthe Judicial Protest abovementioned, which protest refers to Triq il-Konti R. Barbaro, Atttard.
That in the first place, the respondent Authorityfor all intents and purposes, declares that the same protestshould have been made, if ever against ‘ The Transport Authority in Malta’ and this according to the provisions of Chapter 499 of the Laws of Malta and this because there exists no juridical entity with the name ‘ Transport Malta’.
That the respondent Authorty rebutts all the allegations of the protesting parties as they be claimed against it and this since the obligations of the same protesting parties and /orby whom of the other respondents, as resulting from the provisions of the current laws in particular those of Legal Notice 29 of 2010 as subsequently amended.
Thus the respondent Authority whilst bringing the premised to the formal notice of the protesting parties, rebutts all their allegations as brought against it in the protest mentioned as unfounded in fact and at law and that they cannot be claimed against it, cautions , the same from taking any action against it, rebutts any oftheir claims and puts them in dolo, culpa and mora for all intents and purposes of law.
With costs.
Respondent: The Transport Authority, in Malta,
Malta Transport Centre, Xatt l-Għassara ta’ l-Għeneb, Marsa.
Protesting Parties: 1) Alan Christopher and Connie spouses Bonnici,
74, Triq il-Konti R. Barbaro, Attard, ATD 1200.
(two services)
2) Pierre and Anne spouses Grech,
22, El Shaddai, Birkirkara Road, Attard, ATD 1212.
(two services)
3) Karl Mallia,
70, Triq il-Konti R,Barbaro, Attard ATD 1200.
(one service)
Notify: Attorney General,The Palace, Valletta.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1111
1111By a decree of the Small Claims Tribunal of 25th 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).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 10th January 2013 whereby they asked the Tribunal to condemn Sjoglimt Per Stefan (I.D. 59199A) of 15, Triq Norfolk, Sliema,to pay the plaintiff company the sum of€630.83 which amount is due to the plaintiff company.
With costs andlegalinterests.
The case (Claim Number 8/13NHV) is put off on the 9th July 2013 at 12.05p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1112
1112By means of a decree given, by the First Hall Civil Court, on the 5th June 2013, in the records of the Sworn Application, in the namesMohnani Ratan et vs Stivala Carmelo, application number 322/13 FS,the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) of Chapter 12.
By meansof an Application, filed, in the First Hall Civil Court, in the names Ratan Mohnani (ID 2014654P) and his wife Sharmila Mohnani ( Passport number 849240) vs Carmelo Stivala (847533M), on the 5th April 2013, the applicant Ratan Mohnani (ID 2014654P) and his wife Sharmila Mohnani (Passport number 84940) asked the respondent to state why this Honourable Court should not;
1.Declare that the applicantsare not debtors of the respondentin the amount of two thousand three hundred euro ( €2300) as explained in the application, consequently revoke and cancel the general hypothec 16121/2010, for the reason mentioned and this in terms of Article 2060 et seq. of Chapter 16 ofthe Laws of Malta and uphold the other demands in the application.
Applicant: 146, Flat 2, Triq it-Torri, Sliema.
Respondents: Carmelo Stivala, 39, Charles Farmhouse, Triq l-Universtà, Msida.
165, The Strand, Sliema .
The Sworn Application, in the name Mohnani Ratan et vs Stivala Carmelo, application number 322/13 FS,has been put off for hearing to the 5th July 2013, at 9.15am.
Reġistry of the Superior Courts, today 2nd July 2013.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1113
1113By a decree of the Small Claims Tribunal of 11th April 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, MRS1501,filed a Claim on the 27th February 2013 whereby they asked the Tribunal to condemn Eve Farrugia (I.D. 502475M) of 25, Triq Castro, Naxxar,to pay the plaintiff company the sum of€920.31 which amount is due to the plaintiff company.
With costs andlegalinterests.
The case (Claim Number 98/13NHV) is put off on the 9th July 2013 at 12.05p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1114
1114by a decree of the 28th june, 2013, 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 Malta plc on the 26th June, 2013, the approval of the said judicial acts is being demanded for the amount of €39,000 following judicial sale by auction 77/12 in the names Bank of Valletta Malta plc vs Warren Paul Cremona held under the Authority of the said Court on the 20th June, 2013.
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.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1115
1115By means of a decree given, on the26th June 2013, by the Civil Court ( Family Section) in the records of the Sworn Application, in the names Zarrouk Atef vs Debono Martina, application number 425/11 AL, 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 a Sworn Application, filed, in the Civil Court ( Family Section) in the names Atef Zarrouk (I.D. 170507L) vs Martina Debono (I.D. 563353M) on the 28 th November 2011, the applicant Atef Zarrouk (ID 170507L)premised and asked this Honourable Court;
That the parties were married on the 16th January 1997 and from which marriage no children were born, that they have been separated de facto for more than four years and there is no prospect of reconciliation, that these conditions satisfy the necessary conditions for the granting of divorce according to Article 66B of the Civil Code Chapter 16 of the Laws of Malta and thus the applicant desires to bedivorced or that his marriage with the respondent his wife be dissolved.
Thus the applicant asks this Honourable Court to appoint a mediator in terms of Article 661 of the Civil Code.
With costs,against the respondent.
Applicant: 5/6, Residenza San Vincenz de Paul, Triq l-Ingiered, Luqa.
Respondent: 1) 76, Triq Sant’ Alfonsu, Sliema.
2) 25, ‘Courtin’ Flat 2, Triq Don Mikiel
Rua, Sliema.
The Sworn Application, in the names Zarrouk Atef vs Debono Martina, application number 425/11 AL, has been putoff for hearing to the 24th October 2013, at 9.15am.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1116
1116by a decree of the 11th june, 2013, 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) 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 Henry Depasquale et, on the 28th March, 2012, the approval of the said judicial acts is being demanded for the amount of €43,500 following the judicial sale by auction 66/10 in the names Henry Depasquale et vs Raymond Meilaq et, held under the Authority of the said Court on the 20th March, 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.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1117Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 25th June 2013, following a request of Advocate Dr. Jonathan Abela Fiorentino,it was ordered that Deputy Curators be chosen to represent Offshore International Development Limited, inin the records of the Sworn Application number 595/2013 MCH, in the names ‘Advocate Dr Jonathan Abela Fiorentino noevsDeputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application, filed , in the First Hall Civil Court , in the names, Advocate Dr. Jonathan Abela Fiorentino B.A. LL.D. holder of identity card number 555482 letter ‘M’as special mandatary of LOTTOSPORT ITALIA S.P.A.a foreign companyincoprorated under the laws of Italy and with an address at Via Montebelluna, 5/7, 1-31040, Trevignano ( Treviso) Italy vs (1) Deputy Curators to represent the OFFSHORE INTERNATIONAL DEVELOPMENT LIMITED, a foreign entity with an indication of an address ‘RM 907 WO 001 WING TUCKCOMM CTR, 177-183, Wng Lok ST HK China and (2) deputy curatorsto representBANQUE AL BARAKA D’ALGERIE, a foreign entity with no address indicated, on the 20 th June 2013, the applicant Advocate Dr. Jonathan Abela FiorentinoBA LLD, holder of identity card number 555482 letter ‘M’ as special mandatary of Lotto Sport Italia S.P.A.a foreign company incorporatedunder the laws of Italy and with an adddress of Via Montebelluna, 5/7, 1-31040, Trevignano ( Treviso) Italy asked this Honourable Court;
1. To declare that the objects consisting in a quanity of articles of sportswear (tracksuits) in the relative packaging material which havethe trademarks ‘lotto’ besides particular figuratvive representations like those of the figurative trademarks registered in the name of the plaintiff companyand which are presently held under the authority of the Comptroller of Customs after he had found that the contaioner FCIU 8777656 contained the same objects amongst others, contravene the rights of intellectual property of the plaintiff companysince the objects are falsified.
2. Order the Comptroller of Customs to dispose of the said objects outside the chanels of commerce in such a manner as to preculde any damage to the applicant company or order the Comptroller of Customs to destroythe saidobjects in any case without any compensation and at the expense of the respondents.
3. Take or orderthe Comptroller of Customs to take as regards the said objects any other measure that shall have the effect to effectively deprive the defendants from the economic benefits of the transaction.
4. Order that the defendants are to bearall the other costs in connection with the measures ordered in terms of the second and third demands of the plaintiff, as demanded, including those of transport from the place of storage to that of eventual destruction and attendance during the destruction.
With costs, against the respondents summoned so that a reference to their evidence be made.
Services: Plaintiff nomine: Advocate Dr. Jonathan Abela FiorentinoBALLD. holder ofidentity card number 555482 letter ‘M’ as special mandatary of LOTTO SPORT ITALIA S.P.A. a foreign company under the laws of Italy and with an address of Via Montebellun, 5/7, l-31040, Trevignano, (Treviso) Italy.
84, Triq Melita , Valletta, VLT 1120.
Defendants (1)
Deputycurators torepresent the OFFSHORE INTERNATIONAL DEVELOPMENT LIMITED, a foreign company with an address indicated as ‘RM 907 WO 001 WING TUCK COM CTR 177-183, Wing Lok ST HK CHINA’.
The Courts of Justice, Valletta ( two copies) and
(2)
Deputy Curators to representBANQUE AL BARAKA D’ALGERIE a foreign company without an address which was not indicated.
Courts of Justice, Valletta, ( two copies).
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 Joseph Azzopardi LLD.
Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1118
1118By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 7th May 2013, Application number 441/2013 by Angela Callus et, Marianna sive Mary Anne Darmenia, widow of John Darmenia,daughter of the late Giuseppe Tabone and Erminia néeDelia, born in Cospicua and resided in Sliema holding identity card number 195529(M) was INTERDICTED by means of a decree given on the 18th June 2013.
Alexandra Debattista
For the Registrat Civil Court and Tribunals