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Court Notices published in Govt. Gazette No. 19,452 of 14 July 2015

Date Icon 01/01/2015

Bann for Curators

1173
Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 14th April 2015, following a request of Michael Curmi et, it was ordered that deputy curators be chosen to represent the absent Michael Peter Lord, in the records of the judicial letter number 613/15, in the names Michael Curmi et vs Michael Peter Lord, and in the relative and subsequent acts.
By means of a Judicial Letter, filed, in the First Hall Civil Court, to Michael Peter Lord (ID 36145A) on the 18th February 2015, the interpellant Michael Curmi, (ID 88667M) and his wife Sarah Curmi (ID 60473M) of Regent Park Towers, Fl 3, Triq Ġorġ Borg Olivier, San Ġiljan, refer you to the contract of sale in the records of Notary Maria Spiteri, dated 9th December 2013, through which the interpellants acquired from you the immovable consisting in a villa without number with the name ‘Schloss Wilhelm Hoehe’ in Triq il-Kajjarun, Madliena, limits of Swioeqi, as well as movables consisting in two kitchens.
That as agreed the interpellants passed on the contract the sum of five thousand Ewro (€5, 000) directly to the Notary to keep as a security for the objects listed in the list therein annexed and marked as Document ‘C’.
That when the due inspection was made of the objects in question it was found that there were some missing objects the global value of which amounts to circa (€10, 237) .
That the interpellants asked Notary Maria Spiteri, so that the value of the missing objects be set off with the said sum in terms of the same clause above referred.
And whereas the respondent is opposing to the release of the sum mentioned the interpellant is by the present judicial letter bringing to your formal notice that this behaviour is abusive.
Thus whilst the interpellants call again the respondent to desist from his unfounded behaviour and so that within one week he withdraws his objection to the transfer of the sum mentioned of five thousand Ewro (€5, 000) from Notary Maria Spiteri, they warn him that in default they shall not have another option but to proceed against him with the opportune judicial proceedings.
This deed is being sent for all intents and purposes of law.
With costs.
Interpellant: Michael & Sarah Curmi, Regent Park Towers, Fl 3, Triq Ġorġ Borg Olivier, St. Julians.
Respondent: Michael Peter Lord, - Favray Crt, T7B24, - Il-Ponta Tigné, Sliema.
Notify: Notary Maria Spiteri, 145, Birbal Street, Balzan.
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 Mark Chetcuti LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar Civil Courts and Tribunals
08 Lulju 2015

Bann for Curators

1174
Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 7th July 2015, following a request of Lee Fenech, it was ordered that deputy curators be chosen to represent the absent Maria Ryzhova, in the records of the Sworn Application 151/15 AL, in the names ‘Lee Fenech vs Deputy Curators’ and in the relative and subsequent acts.
By means of a Sworn Application, filed, in the Civil Court (Family Section) on the 3rd July 2015, by Lee Fenech ID 515291 (M) residing 1, Block 16, Flat 1, Triq Dun Ġorġ Fenech, Qormi, the applicant asked this Honourable Court;
1. To declare the personal separation between the parties for the reasons premised in the application and uphold the other demands in the application.
With costs, against the defendant summoned so that a reference to her evidence be made.
Applicant: 1, Block 16, Flat 1, Triq Dun Ġorġ Fenech, Qormi.
Respondent: Deputy Curators as representatives of the absent Maria Ryzhova.
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 (Family Section) above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar Civil Courts and Tribunals.
09 Lulju 2015

Notice 1175

1175
By a Decree of the 1st July, 2015, 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 Michael Attard Limited on the 26th June, 2015, the approval of the said judicial acts is being demanded for the amount of following €105, 500.00 judicial sale by auction 5/12 in the names Michael Attard Limited vs Albert Vella held under the Authority of the said Court on Tuesday, 23rd June, 2015.
According to Article 338 (2) of Cap. 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
09 Lulju 2015

Notice 1176

1176
By means of a decree given, on the 17th March 2015, by the Rent Regulation Board, in the records of the Sworn Application in the names Montebello Joseph et vs Barbuto John, application number 64/14, the following publication was ordered for the purpose of service of the respondent John Barbuto, in terms of Article 187 (3) et. seq. of Cap 12.
By means of a Sworn application, in terms of Article 16A (1) (b) of Cap. 69 of the Laws of Malta, filed, in the Rent Regulation Board, in the names Joseph Montebello (ID 161721M) and following his death the records were transferred on to the applicants Nathalie Cassar (ID 40155M) Doris Ann Bencini (ID 479551M) Marcelline Pearsall (ID 823657M) and Walter Montebello (ID 335553M) vs John Barbuto (ID 93587M) on the 9th July 2014, the applicants Joseph Montebello (ID 161721M) et asked this Honourable Board,
1. To decide the cause without proceeding to a hearing in terms of Article 16A of Cap 69 of the Laws of Malta, declare that the respondent is occupying the premises 31, Triq Viani, Sliema, without a valid title at law and uphold the other demands in the application.
With costs, against the respondent, summoned so that a reference to her evidence be made.
Respondent: 31, Triq Viani, Sliema.
The Sworn application in the names Montebello Joseph et vs Barbuto John application number 64/14 (Rent Regulation Board) has been put off for hearing to the 23rd July 2015, at 9.30 a.m.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
09 Lulju 2015

Notice 1177

1177
By a decree of the Court of Magistrates (Malta) of the 3rd July 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).
By means of a counter warrant filed in the Courts of Magistrates (Malta) on the 19th June 2015 after the Garnishee Warrant number 757/03 issued on the 8th April 2003 in the names Pauline Cilia vs Martin Seychell (ID 316056M) where in the application Martin Seychell pleaded:
That this Court orders the issue of the opportune counter-warrant on the grounds herein mentioned.
The grounds, in the first instance that this warrant is no longer in vigore because more than twelve years have passed and because this warrant was never extended as requested by law. That there is no longer any executive title and also the amount was paid but after all this time the defendant does no longer have the relative receipt.
In the Court of Magistrates (Malta)
Magistrate: Dr Marseanne Farrugia LLD
Counter Warrant Number 1417/15 in the names:
Pauline Cilia vs Martin Seychell
The Court
Saw the application of Martin Seychell of the 19th June 2015.
Orders the applicant so that:
1. That within three (3) days he files a note were he indicates the Articles of law on the basis of which he is making the legal submissions and that the note have to be notified to the defendant.
2. Orders the notification of this application to the counter party that has seven (7) days from the service to file her reply which has to have all the submissions that she wishes to make together with all documents that sustain the reply that is filed.
The Court appoints the application for hearing for the sitting of the 3rd July 2015 at 12.15 p.m. and is deferred for hearing to the sitting of the 20th July 2015 at 11.00 a.m.
By means of a note of Martin Seychell filed on the 23rd June 2015 where Martin Seychell pleaded with respect:
The plaintiff refers to the decree of this Honourable Court of the 22nd June 2016 and referes for Article 836(1)(a)(b)(f) of Cap. 12.
The plaintiff points out that the warrant in question was filed in the year 2003 and he paid, but he failed to file a counter warrant.
Service:- Pauline Cilia – 21/9 De Tignè Flats, Tignè Seafront, Sliema.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1178

1178
By means of a decree on the 7th January 2015, in the records of the judicial letter number 2553/14, in the names Portanier Warehouses Limited vs Todd Christopher Martin et, the First Hall of the Civil Courts ordered the following publication for the purpose of service of the respondent Christopher Martin Todd in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Courts
To: Todd Christopher Martin (ID 60881A) of Villa Celina, Triq il-Biżantini, Marsaxlokk, Christopher Farrugia, Todd Engineering Malta Limited and Commercial Vehicle Services (Malta) Limited
Judicial letter, in terms of Article 253 (b) and Article 256(2) and subsequent articles of Cap. 12 of the Laws of Malta.
By means of the present Portanier Warehouses Limited (C29563) of The Brewery, Mrieħel, makes reference to the public deed of the 14th September 2012 in the acts of Notary Public Doctor Daniela Mercieca by means of which, together and in solidum between them you constituted yourself as true, liquid and certain debtors in favour of the interpellant in the amount of €40,000 that till today €20,000 are still due after some payments were made, with eight per cents (8%) interest per year due as indicated in the same deed.
Because the balance of €20,000 is due to the interpellant, and this amount is due by the defandants in solidum between them, the interpellant called upon the defendants so that immediately and in any case within two days from the notification of this judicial letter they pay the interpellant the sum of €20,000.
Because the debt due by the defandants is certain, liquid and true and lapsed in terms of Article 253(b) of Cap. 12 of the Laws of Malta, this judicial letter is being sent to render the same public deed executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
With interest of eight per cent (8%) till the date of effective payment.
With costs including this present judicial letter.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1179

1179
By means of a decree of the 20th February 2015 in the First Hall of the Civil Courts in the records of the judicial letter number 3773/14 in the names Bank of Valletta plc vs Patrick Galea Naudi,ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Patrick Galea Naudi (ID 24868M) of 29, Carton Court, Flat 1, Triq G Lebrun, Swieqi, on the 20th November 2014, Bank of Valletta plc of 1/5, Misraħ San Ġorg, Valletta VLT 1190,calls upon you so that within two days you pay the sum of €96,961.09 balance of debt in your Loan Accounts with Bank of Valletta plc together with further interests from the 10th October 2014.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1180

1180
By means of a decree of the 30th January 2015 in the First Hall of the Civil Courts in the records of the judicial letter number 1392/14 in the names Bank of Valletta plc vs Christabelle Zammit,ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Christabelle Zammit (ID 492491M) of 13, Triq ix-Xgħajra, Żabbar, on the 6th May 2014, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190,calls upon you so that within two days you pay the sum of €13,831.70 balance of debt in your Loan Account with Bank of Valletta plc together with further interests from the 11th July 2013.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1181

1181
By a decree given on the 15th June, 2015 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 22nd May, 2015, on the application of MICHAEL ATTARD LIMITED (C32362), Wednesday, 30th September, 2015 at ten in the morning (10.00 a.m.), has been fixed for the SALE BY AUCTION, to be held at number sixteen (16), TRIQ IS-SERER, ĦAL QORMI of the following items seized from the property of FALZON JOHN (ID 227071M) and FALZON ROMINA (ID 337574M).
Vehicle of the make Peugeot with the registration number DRE 777.
N.B.The said vehicle will be sold as described in the acts of file number 10/15.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1182

1182
By means of a decree given on the 1st July 2015, by the Rent Regulation Board, in the records of the Application in the names Santillo Emanuel et vs Mifsud Jonathan et, application number 39/15 MV, the following publication was ordered for the purpose of service of the respondent Jonathan Mifsud in terms of Article 187(3) et.seq. of Cap. 12.
By means of an Application presented in the Rent Regulation Board, in the names Emanuel and Angela spouses Santillo (ID 761648M) andID 1029345M) respectively vs Jonathan Mifsud (ID 472382M), Sebastiano Cavallaro (Italian ID number AS0900861) and the company Carnezzeria Sicilana Limited (C 65260) on the 16th April 2015, the applicants asked this Board:
1. To declare that the failure to pay the rent in the sum of two thousand one hundred forty two Euro and sixty eight cents (€2,142.68) on the part of the respondent Jonathan Mifsud, constitutes a violation of the lease agreement dated 12th August 2009 and 12th August 2011, consequently terminate the lease of the premises or rather restaurant known by the name ‘Il-Muccu Restaurant’ and today known with the name ‘Carnezzeria Siciliana’ in Triq il-Qaliet, Marsaskala and uphold the other demands in the application.
With costs and legal interest against the respondents summoned so that a reference to their evidence be made.
Service: 42, Margerita, Triq San Vincenz De Paul, Luqa.
The Application in the names Santillo Emanuel et vs Mifsud Jonathan et, application number 39/15 MV, has been deferred to 15th October 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1183

1183
By a decree given on the 9th July 2015 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 decree given by the CIVIL COURT, FIRST HALL on 28th May, 2015, on the application of ZAMMIT RAYMOND, Tuesday, 21st July, 2015 at half past eleven in the morning (11.30 a.m.) has been fixed for the SALE BY AUCTION to be held in THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
Half undivided (½) share of the tenement unnumbered and named ‘Saint Sebastian’ in Triq Barthlemy, Marsaxlokk, free and unencumbered, valued at one and ten hundred thousand Euros (€110,00).
The said tenement is the property of TABONE ROSARIO (I.D.408976 M).
N.B. The said tenement will be sold as described in the acts of file number 20/10.
RUDOLPH MARMARÀ
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1184

1184
By a decree given on the 9th July 2015 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 (5) of the Code of Organization and Civil Procedure (Cap. 12).
By decree given by the CIVIL COURT, FIRST HALL on 28th May, 2015, on the application of ZAMMIT RAYMOND, Tuesday, 21st July, 2015 at half past eleven in the morning (11.30 a.m.) has been fixed for the SALE BY AUCTION to be held in THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
Half undivided (½) share of the tenement unnumbered and named ‘Saint Sebastian’ in Triq Barthlemy, Marsaxlokk, free and unencumbered, valued at one and ten hundred thousand Euros (€110,00).
The said tenement is the property of TABONE ROSARIO (I.D.408976 M).
N.B. The said tenement will be sold as described in the acts of file number 20/10.
RUDOLPH MARMARÀ
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1185

1185
IT IS hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 3rd day of July, 2015, and this after a written plea Numbered 77/15, Ordered:
The correction of the Act of Death of Joseph Bondin, bearing number 1621 of the year 1945, in the column entitled “Name and Surname of parents, and whether living or dead”, the incorrect name “MARIA” pertaining to the deceased’s mother must be cancelled and replaced with the correct name “GIUSEPPA”.
JANET CALLEJA
F/Registrar Court Of Revision Of Notarial Acts
07 Lulju 2015

Notice 1186

1186
IT IS hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 3rd July, 2015, and this after a written plea numbered 184/2014, Ordered:
The correction of the Act of Marriage of Jane Micallef and Alfred Bonello, bearing number 214 of the year 1970, under the columns entitled ‘Particulars respecting the Wife – Name and Surname’, the incorrect name “JANE” is to be cancelled and substituted with the correct name “GIOVANNA”.
JANET CALLEJA
F/Registrar Court Of Revision Of Notarial Acts
10 Lulju 2015

Notice 1187

1187
By means of a decree of the 20th April 2015 of the Civil Court First Hall in the records of judicial letter number 938/15, in the names Director General (Value Added Tax) vs Photo Play Malta Ltd et, the following publication for the purpose of service of the respondents was ordered in terms of Article 187(3) et seq of Cap. 12.
In the First Hall of the Civil Court
To: Photo Play Malta Ltd (C43358) of Casa Italia, Labour Road, Żabbar;
Giuseppe Mosciaro (Italian Passport number AS0598688) of Casa Italia, Labour Road, Żabbar.
By the present the Director General (Value Added Tax) of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 and 66 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €22,099.19 representing amount due by you in solidum, according to the same Act.
With costs and interest according to the said Act till the date of effective payment.
This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render executable the executive title which the same interpellant has against you by means of notice sent to you. (attached copies Doc A and Doc B).
In default, the interpellant warns you, that he shall pass to execute the said executive title he has against you by means of the opportune warrants.
So much so that you may know how to regulate yourself and to proceed.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1188

1188
By means of a decree of the 24th February 2015 of the Civil Court First Hall in the records of judicial letter number 300/15, in the names Commissioner of Revenue vs Stephen William Hammond, the following publication for the purpose of service of the respondent was ordered in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To: Stephen William Hammond (ID 28449A) ta’ 433, St Paul’s Street, St Paul’s Bay.
By the present the Commissioner of Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Cap. 406 of the Laws of Malta, so that within two (2) days from the service of this judicial act, you pay the amount of €34,955.94 representing amount due by you as Value Added Tax (VAT (98) due by you.
The amount mentioned is still due although you were solicited several times by means of a notice issued by the Commissioner of Revenue in terms of Article 59 of Cap. 406 of the Laws of Malta (Doc A).
This calling is being made for all intents and purposes of law, including but not limitedly, in order to render the executive title which the Commissioner of Revenue has against you.
If you fail to abide with this calling you are informed that the Commissioner of Revenue shall pass to execute the said executive title he has against you.
With costs and interest according to Cap. 406 of the Laws of Malta.
So much so that you may know how to regulate yourself .
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015

Notice 1189

1189
By means of a decree given on the 25th February 2015, in the records of the judicial letter number 2594/14, in the names The General Soft Drinks Co Ltd vs Maca Limited et, the First Hall of the Civil Court ordered the following publication in terms of Article 187(3) et seq of Cap. 12 for the purpose of effecting service on the respondents.
In the First Hall of the Civil Court
1. The company Maca Limited (C 51226) in its own capacity as debtor of 11, Massabielle, Triq Victoria Lines, Baħar iċ-Ċagħaq; u
2. Adrian Agius (ID 328078M) in his own capacity as surity of 11, Massabielle, Triq Victoria Lines, Baħar iċ-Ċagħaq.
By means of this present The General Soft Drinks Co Ltd (C1591) of Qasam Industrijali tal-Marsa, Marsa MRS 3000 is formally warning you that since you did not comply with the payment obligations in the loan agreement in the records of Notary Dottor Mario Rosario Bonello of the 8th August 2013 here attached and marked as Dok A, and thus the applicant company is soliciting you to pay the sum of €12,551.20 representing the balance due from the loan granted by the applicant company to you and this according a statement of account and which amount has not been paid to the applicant company notwithstanding various calls for payment.
By the present act, the applicant company is informing you that if you do not pay within one month from the notification of this judicial letter, they will immediately initiate further proceedings against you including the issue of precautionary warrrants and this without further notice.
So much so that you may know how to regulate yourself and avoid further unnecessary costs.
With costs of this present and further interest of 8% or any other interest that may be due in terms of article 26A of Cap. 13 from the date of that the aforementioned one month period lapses.
ALEXANDRA DEBATTISTA
For the Registrar Civil Courts and Tribunals
10 Lulju 2015