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Court Notices published in Govt. Gazette No. 19,132 of the 3rd September 2013
01/01/2013
Notice 1363
1363By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 10th July 2013, Application number 707/2013 by Josephine Bugeja et, Joseph Bugeja son of John Paul and Antonia née Bugeja,holding identity card number 360246(M) was INTERDICTED by means of a decree given on the 21st August, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1364
1364By a decree given on the 18th October, 2012, 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 Organization and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall on the 11th July, 2013, by HSBC Bank Malta p.l.c., the said bank are asking that anybody offering in the judicial sale has to make a deposit or make an equivalent bank guarantee of fifty thousand euro (€50,000) with the Registrar Civil Courts and Tribunals before the auction; that the commercial banks be exempted from this order; and that anybody offering during the bids be advised that this deposit has to be made.
The Court ordered that Jefpet Limited be notified with four days to file a reply.
Bruno Zahra
For the Registrar, Civil Courts and Tribunals
Notice 1365
1365By 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) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 26th February 2013 whereby they asked the Tribunal to condemn England James Edward (ID 37706A) ofEnt E, Flat 6, Triq Guze Ellul Mercer, l-Imsida,to pay the plaintiff company the sum of€606.51 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 86/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1366
1366By a decree of the Small Claims Tribunal of 20th May 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) of Spencer Hill, Marsa, MRS1950,filed a Claim on the 5th March 2013 whereby they asked the Tribunal to condemn Terence Grixti (ID 527184M) of22, Flat 2, Triq San Ġużepp, il-Belt, Valletta,to pay the plaintiff company the sum of€627.96 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 116/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1367
1367By means of a decree given on the 12th August, 2013, by the Rent Regulation Board, in the records of the Sworn Application in the names Plaza Centres p.l.c. (C 564) vs Velocity Industries Limited (C 52023) application number 70/13 GG, the following publicationwas ordered for the purpose of service of the respondent company, in terms of Article 187(3) et. of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Plaza Centres p.l.c. (C 564) vs Velocity Industries Limited (C 52023) on the 18th June 2013, the applicant Plaza Centres plc asked this Honourable Board:
a) To uphold the demand so that this application be treated by special summary proceedings without proceeding to a hearing of the cause in terms of Article 16A of Cap. 69, of the Laws of Malta b. declarethat thelease between Plaza Centres p.l.c. and Velocity Industries Limited, is terminated and this with effect from he 31st May, 2013, and order the respondent company to vacate the premises leased and namely office number 8, in the fourth floor of the Plaza Shopping Centre and pay €9,450.18 representing rent, maintenance costs, water and electricity.
With costs and interest till the date of effective payment against Velocity Industries Limited, from now summoned so that a reference to its evidence be made.
Applicant: Plaza Centres p.l.c. (C 564) The Plaza Commercial Centre Bisazza Street, Sliema.
Respondent: Vincenti Buildings, 28/19, Suite 970, Strait Street, Valletta.
Adv. Frank Portelli, LL.D.
For the Registrar, CivilCourts and Tribunals
Notice 1368
1368By decree given by the CIVIL COURT, FIRST HALL on 22nd August, 2013, on the application of BANK OF VALLETTA PLC (C2833), Wednesday, 16th October, 2013, has been fixed for the SALE BY AUCTION, to be held at T.G. Complex, Flat 2, Level 3, Brewery Street, Mrieħel of the following items seized from the property of FARRUGIA PAUL (I.D. 629450M) and FARRUGIA GRACE (I.D. 782750M).
Eleven (11) units in Vilhena Funds Sicav plc Vilhena Malta Fund Distribution Shares.
N.B. The said units will be sold as described in the acts of file number 23/13.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 1369
1369By a decree of the Small Claims Tribunal of 20th May 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) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 5th March 2013 whereby they asked the Tribunal to condemn Gino Zammit (ID 164776M) ofMedcarm, Flat 4, Triq Oscar Zammit, Msida,to pay the plaintiff company the sum of€555.91 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 110/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1370
1370By a decree of the Small Claims Tribunal of 11th June 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) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 16th April 2013 whereby they asked the Tribunal to condemn Abulkadir Korane Naima (ID 57082A) ofWhitehouse,Flat 11, Triq Nazju Ellul, Gzira,to pay the plaintiff company the sum of€615.27 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 230/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1371
1371Bann for Curators.
Republic of Malta.
To the CourtMarshall.
By means of a decree given by this Court, on the 13th August 2013, following a request ofBank of Valletta plc, it was ordered that deputy curators be chosen to represent the absent HSBC Private Bank (Suisse) SA,in the records of the Judicial Protest Number 340/2013, in the names Bank of Valletta plcvs Deputy Curators and in the relative and subsequent acts.
By means of a Protest filed in the First Hall Civil Court, in the names Bank of Vallettap.l.c. C 2833 in his capacity as Trustee vs Deputy Curators to represent the absent HSBC Private Bank (Suisse) SA on the 2nd August, 2013, wherebyit respectfully pleaded:
1.That the respondent Bank HSBC Private Bank (Suisses) SA, issued a Bank Guarantee G-701694 in favour of the Bank of Valletta p.l.c. in its capacity of Trustee, dated 14th June, 2012, whereby on a simple request of the respondent a sum not exceeding one million two hundred thousand American Dollars (USD 1,200,000) had to be paid which securitywas subsequently extended;
2. That when asked by the interpellant to pay six hundred fifty thousand three hundred American Dollars (USD 650,300) in terms of the Securitythis was refused and the respondentdid not pay allegedly because it hadan order in hand which prohibits her from doing this.
3. That depsite that the text of the security states that it is governed by the applicable Swiss Law and subject to the jurisdiction of the Courts of Geneva, in Switzerland,the interpellant submits that they never made an express choice regarding this and thus consider that the Jurisdiction applicable, is that of Malta as a place of execution and the applicable law is that of Malta, that the interpellantdue to reasons of confidentialityand banking secrecy and legal reasons, shall not delve into further details at this stage reserving to enter into further detail at a later stage;
4. That thus the interpellants point out that it is not licit or legal that the Bank refutes the payment of a bank guarantee, when the formality and the substance where obseved and the demand was madewhen this was in force and are thus formally askingfor the payment of the bank guarantee, with costs, interest, loss of exchange and every ancillary expense.
Thus theinterpellants whilst bringingthe above to the formal notice of the respondent reserves all its rights according to Law, calls upon the respondent to immediately pay the amount according to the security, saving every right and actionat Law, holding it responsible for all the damages, and puts it in dolo, culpa et mora for all intents and purposes of Law.
Interpellant: 42, Zachary Street, Valletta.
Respondent: HSBC Private Bank ( Suisse) SA,
Quai –General-Guisan, 2, PO Box 3580,
CH 1211, Geneva 3,
Switzerland.
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 should 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 Tonio Mallia LLD, Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1372
1372By a decree of the Small Claims Tribunal of 20th May 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) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 5th March 2013 whereby they asked the Tribunal to condemn Marechal Yann Valentin (ID 61367A) of37, Flat 3,Triq Sir Luigi Camilleri, Sliema,to pay the plaintiff company the sum of€538.33 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 122/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1373
1373By decree given by the CIVIL COURT, FIRST HALL on 21st June, 2013, on the application of BANK OF VALLETTA PLC, Tuesday, 29th October, 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.
First floor flat, with no official number, internally marked as number one (1), forming part from a complex of apartments named San Bastjan Flats consisting in garages in lower ground and other overlying apartments, those are accessible from an entrance in Triq Correa, in Qormi and including half of undivided share of services of the common parts those are common useable from the owners of the apartments, together the washroom internally marked with no officially number two (2) and a portion of the roof which together have an area of seventy five metres square (75 sqm), free and unencumbered with all its rights and enjoyments valued at eighty five thousand euro (€85,000).
The said tenement is the property of GRECH JOSEPH (I.D. 156363 M) and FENECH DOREEN (I.D. 217775 M)
N.B. The said tenement will be sold as described in the acts of the file number 27/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Bann for Curators
1374Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 13th August, 2013, followinga request of Michael Ciappara et.it was ordered that Deputy Curators be chosen to represent the absent brothers/sisters Bezzina, in the records of the Judicial Protest Number 352/2013, in the names Michael Ciappara et vs Deputy Curators’ and in the relevant and subsequent acts.
By means of a Protest filed in the First Hall Civil Court, in the names Michael Ciappara I.D. 216337(M) and for any interest she may have his wife Annie Ciappara I.D. 455033M vs Alessio Vella I.D. 814950(M) and his wife Josephine Vella I.D. 577650M, Emanuele Sammut, I.D. 213154M and his wife Maryanne Sammut I.D. 354158Mand Deputy Curators to represent the absent brothers/sisters Emanuel Bezzina, John Bezzina, Filomena Korposinski, Nazzarena Camilleri, Theresa Cachia, Carmela Smith, Anthony Bezzina, Reverend FatherBenjamin, John-Mary Bezzina, Maria Rourke, Philip Bezzina and Margaret Fenech, on the 8th August, 2013, the protesting parties Michael Ciappara et respectfully pleaded:
Thatthe applicant is the owner of the house with number seventy (76) at other times number twenty six (26) and even thirty four (34) in Triq Monsignor Luigi Catania, previously Brittania Street, Ħal Għargħur and the adjacent field to the said house, called ‘Tal-Ġebla l-Kbira’ which is situated in the limits of Ħal Għargħur, of the superficial area of circa five sigħan and one half kejla equivalent to circa’ nine hundred fifty five square metres or the actual area, borderingthe said field on the north with property of brothers/sisters Micallef, on the east with an alley known as Mill Street, on the West with property of the heirs of Giuseppi Bezzina and on the South with the said Monsinjur Catania Street;
That the protesting party came to know that the respondents or either of them presented themselves as owners of the said land belonging to the protesting party and this according to a contract in the records of Notary John Debono, dated20th August, 1996;
That the respondents or either of them even applied and obtained the issuing of of permitsfrom the Malta Environment and Planning Authority to develop the said land belonging to the protesting parties and this at the detriment of the latter;
That nor the protesting party nor his acsendants never entered into a contract of sale of the saidproperty and thus the said contract of salethat the respondents contracted is null and without effect.
Thus the interpellant whilst bringingthe premised to the formal notice of the respondents calls upon them to come forward to the rescission of the contract in the records of Notary John Debono, dated 20th August, 1996, and in default put the same in dolo, culpa et mora for all intents and purposes of law.
With costs.
Protesting Party: Michael Ciappara: Diana Flats, Flat 4, Triq il-Merluzz, Qawra.
Notify: Alessio Vella et: Floflia, Triq il-Kostituzzjoni, Mosta.
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 should 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 Mr. Justice Tonio Mallia LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D
For the Registrar, Civil Courts and Tribunals