Notice 436
436
By means of a decree given by the First Hall Civil Court, on the 12th February, 2015, in the records of the Sworn Application, in the names Alf. Mizzi & Sons (Marketing) Ltd vs More Supermarkets (Ħamrun) Limited et, application number 16/15 JZM, the following publication was ordered for the purpose of service of the respondents Mario Schembri and Adrian Agius in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Alf. Mizzi & Sons (Marketing) Ltd (C 8692) vs More Supermarkets (Ħamrun) Limited (C 57252), Ryan Schembri (ID Number 450878M), Mario Schembri (ID Number 979349M), Christian Delia (ID Number 337568M), Kurt Camilleri (ID Number 371984M), Adrian Agius (ID Number 328078M) and Darren Casha (ID Number 341982M), and by a decree given on the 23rd February, 2015, Advocate Dr Yana Micallef Stafrace and Legal Procurator Francesco Catania were appointed Deputy Curators to represent the absent Darren Casha and Ryan Schembri, on the 9th January, 2015, the applicant Alf. Mizzi & Sons (Marketing) Ltd asked this Honourable Court:
To proceed to give judgement according to the demand of the applicant company without proceeding to a hearing of the cause according to the terms of Articles 167 et. seq. of Cap. 12, declare the respondents debtors of the company Alf. Mizzi & Sons (Marketing) Ltd, for the sum of Euro 350,625.25, besides interests according to law as demanded.
With costs against the respondents summoned so that a reference to their evidence be made.
Applicant: Zachary House, Marsa Industrial Estate, Marsa MRS 3000.
Respondent: 1. ...........omissis...........
Mario Schembri, Knight’s Creek, Block A, Flat 15, Triq il-Progress, Kalkara.
...........omissis...........
Adrian Agius, 11, Massabielle, Triq il-Victoria Lines, Naxxar.
...........omissis...........
The Sworn Application in the names Alf. Mizzi & Sons (Marketing) Ltd vs More Supermarkets (Ħamrun) Limited et, application number 16/15 JZM, has been deferred for hearing to the 16th March, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
04 Marzu 2015
Notice 437
437
By a decree given by the Civil Court First Hall, on the 19th February, 2015, on the note of Automated Revenue Management Services Limited (C 46054), Thursday, 28th May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The tenement named “The Wilderness”, before known as “Havana Club”, in Triq ta’Pinu, also known as Triq l-Għarb, today named Triq Papa Ġwanni Pawlu t-Tieni, limits of Għarb, Gozo, on two floors, subject to an annual and perpetual groundrent andsubgroundrent of ninety Euro and eighty-five cents (€90.85). This tenement underlies property named “il-Mina Restaurant”.
The restaurant without number named “il-Mina Restaurant”, in Triq ta’Pinu, also known as Triq l-Għarb, today named Triq Papa Ġwanni Pawlu t-Tieni, limits of Għarb, Gozo, subject to an annual and perpetual groundrent of thirty-four Euro and ninety-five cents (€34.95).This tenement overlies the property named “The Wilderness”.
The properties are free and unencumbered, valued at one million, four hundred and fifty thousand Euro (€1,450,000).
The said tenements are the property of Angerton Enterprises Ltd.
N.B. The said tenements will be sold as described in the acts 8/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
04 Marzu 2015
Notice 438
438
By means of a decree given on the 6th November, 2014, by the Court of Appeal, in the records of the Appeal Application, in the names, Victor Vella et vs Brian Micallef et, Application number 361/14, the following publication was ordered for the purpose of service of the respondents Spiridione Chetcuti and Isabelle Chetcuti as the other respondents were notified in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Appeal Application filed in the Court of Appeal, in the Records of the Warrant of Prohibitory Injunction number 757/2013, in the names Victor Vella and his wife Marisa Vella vs Brian Micallef, Spiridione, sive Dione Chetcuti and Isabelle Chetcuti, on the 17th September, 2014, the applicant Victor Vella identity card 361066M and his wife Marisa Vella identity card 394170M respectfully pleaded:
That on the 23rd May, 2013, they had presented a request for the issuing of a Warrant of Prohibitory Injunction number 757/2013, in the names premised in the Rent Regulation Board, copy attached Doc. ‘A’, in order to safeguard their claims for seventy six thousand Euro (€76,000) arrears of rent and penalties as requested in the application in the Rent Regulation Board number 60/13, which is today deferred to 20th November, 2014, at 11.30 a.m.
That by means of a decree of the 3rd June, 2013, copy attached marked Doc. ‘B’, the Honourable Rent Regulation Board decided that it was not competent to hear and determine demands like the present, and thus abstained from taking further cognisance of the application.
That subsequently to this application filed on the 24th January, 2014, they filed another claim for the issuing of a Warrant of Prohibitory Injunction number 132/2014, in the names premised before the First Hall Civil Court, in order to secure their claim for one hundred thousand Euro (€100,000) arrears of rent and penalties.
That by means of a decree of the 7th February, 2014, the Honourable First Hall Civil Court had decided that it was not competent on this matter, and that such competence was due to the Honourable Rent Regulation Board.
...............omissis.............
The First Hall Civil Court reached this conclusion in the light of the following considerations:
‘In fact in the application the applicants brought forward before the Board, they asked that the cause be heard by special summary proceedings contemplated in Article 16A of Cap. 69’.
...........omissis...........
Thus it is evident that the demand for the issuing of a Warrant of Prohibitory Injunction is within the competence of the Rent Regulation Board once in virtue of Article 20 of Cap. 69 the Board has the same powers like this Court.
...........omissis...........
Although in Article 20 (2) of Cap. 69 it is stated that the execution of judgements of the Board belongs to the same Board in the manner established in Cap. 69, this does mean that the Board’s power is restricted to the issuing of executive warrants only. The words of Article 20 (1) does not exclude anything from the powers that the First Hall has under Cap. 12 amongst which the issuing of precautionary warrants’.
That in causes where two Courts decided that they are not competent to take cognisance of the applicant’s action, the Honourable Court of Appeal has jurisdiction in terms of Article 775 of Cap. 12 to decide which Court or Tribunal is competent. The Article in question provides the following:
‘775. In case that two Courts or more declare themselves respectively incompetent ...omissis... it lies with the Court of Appeal to decide which one of these Courts is the competent Court, even if there is no appeal in the ordinary form from the decisions of these Courts to the Court of Appeal above mentioned’.
Thus, in terms of the Article above mentioned of Cap. 12, they pray with respect that this Honourable Court of Appeal decides definitely which one of the above mentioned Courts is the competent Court to take cognisance of the applicant’s requests for the issuing of the precautionary warrants as demanded by them.
Wheras the written procedures in the cause before the Court of Appeal between Victor Vella and his wife Marisa Vella vs Brian Micallef, Spiridione, sive Dione Chetcuti and Isabelle Chetcuti have been closed, the Court fixed the hearing of the cause on Monday, twelfth (12th) of January, 2015, at 9.00 a.m.
By order of the Court herein mentioned of the 12th January, 2015, the cause was deferred to the 16th February, 2015, at 9.00 a.m. and by order of the same Court of Appeal of the 16th February, 2015, was deferred to the 16th March, 2015, at 9.00 a.m.
Applicant: 127, Simara, Triq il-Qortin, Mellieħa MLH 2501.
Respondents: 1. ...........omissis...........
2. Spiridione Chetcuti, 13, Madonna tal-Ħniena, Triq il-Plejju, Imġarr, Malta.
3. Isabelle Chetcuti, 13, Madonna tal-Ħniena, Triq il-Plejju, Imġarr, Malta.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
04 Marzu 2015
Notice 439
439
By a decree given by the Civil Court First Hall, on the 19th February, 2015, on the note of Dr Joseph Ellis in his quality of special mandatory of the society Sonnig SA, Thursday, 16th April, 2015 at noon, has been fixed for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The quarter of an undivided share of apartment numbered three (3), Kingstown Flats, in Triq Testaferrata, Gżira, valued at eleven thousand Euro (€11,000).
The quarter of an undivided share of apartment numbered four (4), Kingstown Flats, in Triq Testaferrata, Gżira, valued at fifteen thousand five hundred Euro (€15,500).
The quarter of an undivided share of apartment numbered five (5), Kingstown Flats, in Triq Testaferrata, Gżira, valued at twelve thousand Euro (€12,000).
The quarter of an undivided share of apartment numbered six (6), Kingstown Flats, in Triq Testaferrata, Gżira, valued at seventeen thousand Euro (€17,000).
The quarter of an undivided share of a house named ‘Yorkshire’, without number, in Triq Testaferrata, Gżira, valued at twenty-six thousand, two hundred and fifty Euro (€26,250).
The quarter of an undivided share of a garage numbered three (3), in Triq Norfolk, Sliema, valued at fifteen thousand Euro (€15,000).
The quarter of an undivided share of a garage numbered five (5), in Triq Norfolk, Sliema, valued at ten thousand Euro (€10,000).
The said tenements are the property of Fenech De Fremaux Deborah.
N.B. The said tenements will be sold as described in the judicial sales act 67/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
04 Marzu 2015
Notice 440
440
By a decree given by the Civil Court First Hall, on the 19th January, 2015, on the application of Bank of Valletta plc, Thursday, 23rd April, 2015, at half past ten in the morning, has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta, of the following property:
The garage officially numbered four (4), in Triq l-Artillieri, Żonqor, Marsaskala, underlying third party property, which is second one from the corner named Triq Hurds Bank, free and unencumbered,with all its rights and appurtenances, also subject to conditions that it is not used for work or business that cause noise and smells, dirt and danger so as not to nuisance to overlying occupants particularly as a carpenter, spray painter, panel beater or keeping animals, valued at sixteen thousand Euro (€16,000).
The said tenement is the property of Mallia Alfred (ID 186852M) and Mallia Jane (ID 142655M).
N.B. The said tenement will be sold as described in the acts of the file number 31/14.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
02 Marzu 2015
Bann for Curators
441
Republic of Malta
To The Marshall of the Court
By means of a decree by the First Hall Civil Court, on the 28th January, 2015, following a request of HSBC Bank Malta plc, it was ordered that Deputy Curators be chosen to represent the absent Zsolt Nyari, in the records of the judicial letter number 281/15, in the names HSBC Bank Malta plc vs Deputy Curators, and in the relative and subsequent acts.
In the First Hall Civil Court
By means of a judicial letter filed in the First Hall Civil Court, against Deputy Curators to represent, the absent Zsolt Nyari (identity card number 66270A), the company HSBC Bank Malta plc (C 3177) of 32, Merchants Street, Valletta, brings to your formal notice the fact that on the day of the 13th January, 2015, you were in delay in the payments of loan given to you in virtue of a contract in the records of Notary Dr Joseph Smith La Rosa, dated 6th September, 2011, in the amount of thirty-three thousand, five hundred eighty-four Euro and forty-five cents (€33,584.45), and thus, the applicant company calls upon you so that within two days you pay this sum. Furthermore, the applicant company informs you that this sum of arrears is added with nine hundred thirty-two Euro and ninety-one cents (€932.91) monthly after that date.
It informs you that if you fail to pay all the arrears within fifteen days from the date of service of this letter, the entire balance becomes due.
This letter serves also to interrupt prescription, and is required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
So much so that you may known how to regulate yourselves.
With costs.
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 Joseph R. Micallef, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Bann for Curators
442
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 5th February, 2015, following a request of Simonds Farsons Cisk plc, it was ordered that Deputy Curators be chosen to represent Darren Casha, in the records of the Sworn Application with number 1111/14 LM, in the names Simonds Farsons Cisk plc vs Deputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Simonds Farsons Cisk plc (C 113) vs Erom Trading Ltd (C 65591), and Darren Casha, holder of identity card number 341982M, on the 4th December, 2014, the applicant company asked this Honourable Court:
To hear and decide the demand without proceeding to a hearing of the cause in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta, declare the respondents in solidum between debtors of the applicant company Simonds Farsons Cisk plc in the sum of one hundred eighty-two thousand, four hundred forty-five Euro and forty-eight cents (€182,445.48), and uphold the other demands in the application.
With the judicial expenses and commercial interests as demanded against the respondents summoned so that a reference to their evidence be made.
Applicants: Simonds Farsons Cisk plc (C 113), The Brewery, Imdina Road, Imrieħel, Birkirkara BKR 3000, Malta.
Notify Respondents: Erom Trading Ltd (C 65591), 12, Falling Waters, Wignacourt Street, Birkirkara BKR 4714, Malta.
Darren Casha (ID 341982M), 90, The Strand, SliemaSLM 1022, Malta.
The Sworn Application in the names Simonds Farsons Cisk plc vs Erom Trading Ltd (C 65591) et, application number 1111/14 LM, has been deferred for hearing to the 16th March, 2015, at 9.00 a.m.
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. Madam Justice Edwina Grima, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 443
443
By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 21st May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The apartment unnamed and without official number, internally marked with number one (1), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in the ground floor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system.The block is built on the site previously occupied by three tenements numbered twenty-five (25), twenty-seven (27) and twenty-eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and twenty thousand Euro (€120,000).
The apartment unnamed and without official number, internally marked with number two (2), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in the ground floor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system. The block is built on the site previously occupied by three tenements numbered twenty-five (25), twenty-seven (27) and twenty-eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and forty thousand Euro (€140,000).
The block and the apartments are bordered from the West with Triq Wiġi Rosato, from the East with Triq il-Kunċizzjoni and from the South with property of third parties or other boundaries. The block is built on the site formerly occupied by three tenements numbered twenty-five (25), twenty-seven (27) and twenty-eight (28), in Triq il-Kunċizzjoni, Bormla.
The said tenements are the property of Small Properties Ltd.
N.B. The said tenements will be sold as described in the judicial sales act 68/14.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Bann for Curators
444
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 14th January,2015, following a request of The General Soft Drinks Co. Ltd, it was ordered that Deputy Curators be chosen to represent the defendant company Map Trading Limited (C 58917), in the records of the Sworn Application in the names, The General Soft Drinks Company Limitedvs the company Map Trading Limited and Michele Mulè, application number 138/14, before the Hon. Anthony Ellul, and in the relativeand subsequent acts.
By a decree of the 16th February, 2015, in the records of the Sworn Application in the names, The General Soft Drinks Company Limited (C 1591) vs (i) The company Map Trading Limited (C 58917) and (2) Michele Mulè(holder of Italian identity card 3389733), Application number 138/14 AE, the First Hall Civil Court upheld the demand of the applicant company The General Soft Drinks Company Limited (C 1591) to appoint Deputy Curators to represent the company Map Trading Limited (C 58917), in the cause above mentioned, which is deferred for hearing to the 22nd April, 2015, at 8.45 a.m.
Applicant company: The General Soft Drinks Co Ltd - Qasam Industrijali tal-Marsa, Marsa MRS 3000.
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 Joseph Zammit Mckeon, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 445
445
By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 14th May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The property numbered thirty-nine (39), in Triq il- Qawnara, corner with Triq il-Ħut, Marsaskala, and overlying airspace, free and unencumbered, with all its rights and appurtenances, valued one million and two hundred thousand Euro (€1,200,000).
The garage numbered sixty (60), in Triq il-Ħut, Marsaskala, and overlying airspace, free and unencumbered, with all its rights and appurtenances, valued at one hundred thirty thousand Euro (€130,000).
The said tenements are the property of Mizzi Joan.
N.B. The said tenements will be sold as described in the judicial sales act 7/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 446
446
It is hereby being notified that the Court of Magistrates (Malta), by means of a decree of the 18th February, 2015, in the records of the judicial letter number 3155/2014, in the names Roque, sive Ronnie Polidano vs Alexander Attard pro et noe, ordered the following publication for the purpose of effecting service on the respondent Alexander Attard personally and on behalf of Sanjonmar Trading Ltd in terms of Article 187 (3) et. seq. of Cap. 12.
In the Court of Magistrates (Malta)
To: Alexander Attard personally and for and on behalf of Sanjonmar Trading Ltd, of Magnolias, Triq is-Slielem, High Ridge, Saint Andrews.
Michael Attard personally and for and on behalf of Attard Brothers Limited
Jeffrey Bezzina
Joseph Camenzuli
Aldo Busuttil personally and for and on behalf of AME Limited
Kevin Sant
By means of this judicial letter, Roque, sive Ronnie Polidano (ID 578362M), of Ronnie Farmhouse, Tal-Geddum, limits of Ħal Safi, solicit you so that within two days you come forward for the liquidation and payment of all the damages that he suffered as a result of your fault through your negligence, carelessness, lack of thought and lack of compliance with the laws regulating occupational health and safety, when on Monday, 25th March, 2013, whilst he was on the construction site in Triq Luiġi Apap, San Ġiljan, property of Jeffrey Bezzina, he was hit by sack of sand that was being carried by crane (GAC 304) property of Michael Attard, and/or Attard Brothers Limited, driven by Kevin Sant, whilst works were being carried out at an adjacent property of Joseph Camenzuli, which works were being carried out by Alexander Attard and/or Sanjonmar Trading Ltd.You Aldo Busuttil personally and on behalf of AME Limited failed in your obligations to ensure the health and safety on the construction site for which you were responsible.
I notify you that in default, further Court procedures will be taken against you.
With cost and interest according to law.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 447
447
By means of a decree of the 15th April, 2014, of the Civil Court First Hall, in the records of judicial letter number 1606/13, in the names Andrew Psaila et vs JPM Brothers Limited et, the following publication was ordered for thepurpose of effecting service in terms of Article 187 (3) et. seq. of Cap. 12.
In the First Hall of the Civil Court
To:JPM Brothers Limited (C 31612), of JPM Bros, Triq Dun Karm, Birkirkara By Pass, Iklin.
Walter Camilleri, of No 3, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay.
Frank Sammut
By the present, Andrew Psaila (ID 298449M), of 19, Les Roses, Triq it-Trinċetta, Mosta, Margaret Psaila (ID 574752M), of 19, Les Roses, Triq it-Trinċetta, Mosta, Anthony Grech (ID 31751M), of No 6, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, Maria Grech (ID 906649M), of No 6, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, Georgina Aitchison (ID 63156M), ofNo 1, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, Tom Aitchison (ID 56189A), of No 1, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, Susanne Ciantar (ID 362678M), of No 5, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, and Alan Bugeja (ID 177668M), of No 8, Province Court, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay, whilst they make reference to the sum of €600 representing the contributions for the maintenance of the block of apartments and related costs for the years 2010 till 2012 due by each one of you as owners of your respective apartments in the block “Province Court”, Triq Raddet ir-Roti, Xemxija, St Paul’s Bay (that is the sum of €200 for every year mentioned), and on the basis that each of you has failed to pay such sum even after having been requested so to do, the interpellants solicit each one of you to pay the amount of €600 immediately.
In addition, the interpellants solicit you so that immediately you come forward to sign the agreement of the condominium of the same block of apartments.
This present is being notified to you for all the purposes and effects of Article 889 of Cap. 12 of the Laws of Malta and Cap. 16 of the Laws of Malta.
So much for your own guidance and to regulate yourselves.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 448
448
By means of a decree of the 17th February, 2015, of the Civil Court First Hall, in the records of judicial letter number 4145/14, in the names Paul Falzon vs Joanne Mifsud,the following publication was ordered for the purpose of effecting service on the respondent Joanne Mifsud in terms of Article 187 (3) of Cap.12.
In the First Hall of the Civil Court
To:Joanne Mifsud (ID 388178M),ofSanmar Place, Flat 25, Triq ir-Rebħa, Gżira.
By the present, Paul Falzon (ID 422060M), ofTlata Office, Harstone Quarry No 32, 15, MisraħSuffara, limits of Rabat, solicits you so that within two days from the day of notification of this judicial letter you pay the sum of €14,000 including the interest from the 25th May, 2010, in the amount of€5,099.84 and this as agreed by means of the bill of exchange dated 17th March, 2010, copy here attached.
In the event that you fail to pay according to this solicitation, this bill of exchange will be rendered executable, and the interpellant will proceed against you without further notice.
So much for your own guidance and to regulate yourself.
With costs.
This judicial letter is being sent to you to render the bill of exchange executable according to Article 253 (e) and 256 (2) of Cap. 12 of the Laws of Malta.You have a right to oppose this execution of this bill of exchange by means of an application that has to be filed in the Court Registry within twenty days from the day you receive this judicial letter forthe reasons that this bill of exchange was not signed by you or your mandatory, or where such person brings forward grave and valid reasons to oppose the said execution of thisbill of exchange.So, it is in your interest to contact a lawyer or a legal procurator.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 449
449
By means of a decree of the 19th January, 2015, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the acts of the judicial letter number 292/2007in terms of Article 166A of Cap. 12 of the Laws of Malta in the names Elmo Insurance Limited (C3500) vs John Grima, filed by Elmo Insurance Limited, duly represented on this act by Dr of Laws Alessia Zammit Mckeon (ID 550283M), on the 2nd September, 2014,pleaded with respect:
That the applicant company filed a judicial letter in terms of Article 166A of Cap. 12 of the Laws of Malta on the 16th January, 2007, which judicial letter was duly notified to the defendant on the 3rd December, 2008 (Doc. A).
That the same defendant failed to file a reply in the acts of the judicial letter in the time given at law, that is of thirty days from the day of service.Thus, on the 3rd January, 2009, the interpellant company was declared the creditor of the defendant.
The defandant has to pay the interpellant creditor company the sum of€1,047.55 representing €456.56 sorte, €278.79 interest from the 16th January, 2007 till today, and €312.20 representing costs, and this in terms of its executive title above mentioned.
Although more than three (3) years have passed from the date of the said executive title, the interpellant company still has an interest to enforce the same title because the debtor is still in the default and have not paid the said amount even after the filing of the garnishee order on the 5th January, 2010, in the names mentioned (Reference number 6/2010).
Therefore in compliance with that stipulated in Article 258 of Cap. 12 of the Laws of Malta, Dr of Laws Alessia Zammit Mckeon as special mandatory of the applicant creditor company for the purposes of this act, is confirming under oath the content and the truthfulness of all that is stipulated above.
Thus, the applicant company respectfully requests this Honourable Court to authorise it to enforce the executive title given to it in terms of Article 166A of Cap. 12 of the Laws of Malta in the names Elmo Insurance Limited vs John Grima (Reference Number 292/2007), and this in terms of Article 258 et. seq. of the same Cap. 12 of the Laws of Malta, according to those orders, decrees and/or directives that the same Honourable Court deems fit and opportune in the circumstances.
Applicant company:Abate Rigord Street, Ta’Xbiex.
Defendant: John Grima, Mayfair, Flat 2, Birkirkara Road, St Julians.
In the Court of Magistrates (Malta)
Magistrate: Dr Marseanne Farrugia, LLD
Application Numru 302/14MF
Elmo Insurance Limited vs John Grima
The Court
Saw the application of Elmo Insurance Limited of the 2nd September, 2014.
Orders the notification to the defendant who has twenty (20) days from the date of notification to reply, and appoints the application for hearing for the sitting of the 19th January, 2015, at 12.30 p.m. for all the evidence of the parties. The case is postponed to the 23rd March, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 450
450
By means of a decree given by the First Hall Civil Court, on the 21st August, 2014, in the records of the Sworn Application in the names Director General(Inland Revenue) vs Cimon Nicholas, Application number 796/14 LM, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Director General (Inland Revenue) vs Nicolas Cimon (ID 113346A), on the 12th September, 2014, the Director General Inland Revenue respectfully pleaded:
That Council Directive No. 2010/24 UE namely the Mutual Assistance for the Revovery of Claims relating to taxes, duties and other measures order of the the 16th March, 2010, promotes and regulates colloboration between Member States in respect of recovery of tax, and/or duties owed by the debtors of one Member State who are present in another Member State’s territory and other measures.
That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012 and that permits the Director General (Inland Revenue) the Minister responsible of Finance to collect the tax owed in the name of the other Member States where the debtor is present in Malta.
That in terms of the mentioned Directive, the competent authority of France, otherwise known as the applicant authority has made a claim for recovery to thethe applicant Director General (Inland Revenue), acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority.
That the respondent owes tax to the applicant authority of France,in the amount of sixteen thousand and five hundred Euro (€16,500), as results from the UniformEnforcement Instruments here attached and marked as Doc. ‘A’, together with interest due by law.
That the respondent has been indicated as being present in Malta, andthus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Director General (Inland Revenue) in terms of Article 9 of the mentioned Legal Notice.
That the applicant is satisfied that the requisites imposed by the mentioned Directive has been met with respect to this claim for recovery.
That furthermore, the respondent has a right to a translation ofDoc. ‘A’into any of the official languages of the European Union or of the requested Member State if available. A document is being hereby attached and marked as Doc. ‘B’to inform the respondent that he may request the mentioned translation within seven (7) days of service of Doc. ‘A’.
To that extent and in view of the above, the applicant respectfully requests that in accordance to sub-articles 9 (6) and (7) of the mentioned Legal Notice, this Honourable Courtin the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. ‘A’and Doc. ‘B’to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of thedocument hereby attachedand marked as Doc. ‘A’asofficial copy such that said documents constitute executive title.
The application in the names Director General (Inland Revenue) vs Cimon Nicholas, application number 796/14 LM, was deferred for the 16th March, 2015, at 9.15 a.m.
Applicant: Director General (Inland Revenue), Inland Revenue Department, Floriana FRN 0170.
Respondent: Flat 1031, Balluta Terrace, St Julian’s Ramp, St Julians STJ 1062.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 451
451
By a decree of the Small Claims Tribunal, of the 1st September, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
Public Broadcasting Services Limited (C 13140), of 75, St Luke’s Road, Gwardamanġa, filed a Claim, on the 25th June, 2014, whereby they asked the Tribunal to condemn Enelux Limited (C 51633), of 163, St Rocco Street, Birkirkara,to pay the plaintiff company the sum of €1,416 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 413/14DMA) is deferred for the 24th March, 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 452
452
By a decree of the Court of Magistrates (Malta), of the 2nd February, 2015, 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).
Astral Enterprises Limited (C 5024), of Triq Abate Rigord, Ta’Xbiex, filed a Claim, on the 1st December, 2014, whereby they asked the Court to condemn Adrian Camilleri, of 51, Flat No. 5, Pretty Bay, Birżebbuġa, to pay the plaintiff company the sum of €7,854.80 which amount is due to the plaintiff company.
With costs and interests.
The case (Notice Number 390/14FDP) is deferred for the 23rd March, 2015 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 453
453
By means of a decree of the 9th July, 2014, in the records of the judicial letter number 810/14, in the names United Acceptances Finance Ltd vs Jeremy, sive Jeremy Paul Bonello et noe, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents Joseph Bonello and Maria Dolores Bonello in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Jeremy, sive Jeremy Paul Bonello, in his own name and for and on behalf of En Route Malta Drive Ltd, Julia Barbara, Joseph Bonello (ID 12648M), of48 Ħniena Divina, Triq il-Qatta, Swieqi, and Maria Dolores Bonello (ID 316648M), of 48, Ħniena Divina, Triq il-Qatta, Swieqi, as surety in solidum between them, on the 27th March, 2014, United Acceptances Finance Ltd (C 360), of Mizzi House, National Road, Blata l-Bajda, refers to nine (9) bills of exchange signed and accepted by you, which bills of exchange lapsedbut were not paid for, copies of this bill of exchange are annexed and marked with numbers 16 to 24.
The interpellant calls upon so that within two days you pay the sum of €7,568.10 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment, the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourselves.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act, and this in terms of Article 253 of Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256 (2) of Cap. 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015
Notice 454
454
By means of a decree of the 13th October, 2014, of the Civil Court First Hall, in the records of judicial letter number 2854/14, in the names Rita Vella ve Neville Galea,the following publication was ordered for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Neville Galea (ID 442577M),of 110, Carmelo Dimech Street, Mosta.
By the present, Rita Vella (ID 167759M), of334,Triq San Pawl, San Pawl il-Baħar, whilst referring to: (i) to the construction works that are being done by you or by third parties on your instructions on the airspace overlying her property which was originally occupied by the premises 333, Dellija, Triq San Pawl, San Pawl il-Baħar, and (ii) to your defaults in complying with applicable regulations including those for safety and security on the work pace (as is evidently clear from the photos here attached and as reported by the Occupational Health and Safety Authority), and in relation to the avoidance of damage to third party property, solicits you so that immediately:
You provide her with a copy of the insurance policy that you are obliged to have according to the Legal Notice 72 of 2013.
You pay the sum of €600 a month (pro rata as may be required), excluding VAT, in advance as compensation for alternative accommodation which the interpellant is going to look for and retain until you execute your works, and this for her personal safety.
The payment mentioned has to start from the day when the interpellant vacates her premises, and will continue until she will return to her premises in question, and after a certificate is issued by an architect in whom she trusts, and at your expense to the effect that her premises are habitable without danger, and/or difficulty.The same compensation has to be paid without prejudice to the liquidation, and payment of damages suffered, and that the interpellant may suffer as a consequence of your works.
This letter is being copied to the Building Regulation Office to take the necessary action in terms of the Legal Notice 72 of 2013, including ensuring that the necessary guarantees are in place and issuing interim measures, including the issuance of an enforcement notice in terms of, inter alia, Regulation 14 (d) of the Legal Notice mentioned above.
In default, further procedures will be take according to law.With costs.
This letter is required in terms of the Articles of Cap. 12 and Cap. 16 of the Laws of Malta.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 Marzu 2015