Court Notices published in Govt. Gazette No. 19,454 of 17 July 2015

By means of a decree of the 6th February 2015 of the Civil Court First Hall in the records of judicial letter number 3274/14, in the names Malta Transport Authority vs Saviour Cutajar pro et noe, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) et seq of Cap. 12.

In the First Hall of the Civil Court

To: Saviour Cutajar (ID 375142M) in his own capacity and for and on behalf of SC & Company Limited (C6050) of Flat 9, Verde Mark Park, Triq il-Bajja tas-Salini, Naxxar.

By the present Malta Transport Authority of Roads & Infrastructure Director, Triq G F Agius de Soldanis, Santa Venera, is making reference to your judicial letter dated 2nd October 2014.

That, in the first place it is pointed out that the Director and Architect Zammit does not have any personal involvement and if ever it is the Malta Transport Authority which is answering the allegations. In any case the Malta Transport Authority submitts that these claims are being contested as unfounded in fact and at law.

The place where the Pill Box has to be made is decided solely by the Environment and Planning Authority and by the superintendence of Cultural Heritage and thus the claim as directed against the interpellant cannot be factually and legally upheld.

Regarding allegations of damages in the property of Cutajar it would be wise to send the relative details so that they will be addressed by the contractor in charge of the works.

So much so that you be warned and to avoid unnecessary costs.

With costs.

Service: Saviour Cutajar: Flt 9, Verde Mar Park, Triq il-Bajja tas-Salini, Naxxar.

Polidano Brothers Limited

Philip Agius & Sons Limited

Central Asphalt Limited

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st July 2015, Application number 690/2015 by Louis Magri nomine et whereby they prayed that it be declared open in favour of Mary Magri and Lucy Caruana and this in the quota of one third (1/3) undivided share each one of them; and in favour of Michael, Louis and Raymond, all brothers Zammit, children of the late Carmelo Zammit and this in the quota of one ninth (1/9) undivided share each one of them the SUCCESSION of Joseph Zammit, bachelor, son of the late Carmelo and Emilia née Grech, born in Valletta, resided in Ħ’Attard and died at tal-Qroqq, Msida on the 5th September 2014 aged 89, intestate, holding identity card number 0489425(M).

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

It is hereby being notified that the First Hall of the Civil Courts by means of a decree of the 12th March 2015, in the records of the judicial letter number 381/2015, in the names Travis-Francis Xuereb vs Nicolette Getley et, ordered the following publication for the purpose of effecting service on the respondent Nicolette Getley in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Courts

To: Nicolette Getley (ID 64655A) of 208, Silverline, Flat 3, Triq ix-Xatt, Pietà,

Allcare Insurance Ltd

By means of this present Travis-Francis Xuereb (ID 4346293M) of Flat 1, Ent F, Binja Santa Venera, Triq Dun Xand Cortis, St Venera calls upon you so that within two days you come forward for the liquidation and payment of damages due to him following a traffic accident which occured on the 13th April 2013 in Triq Salvu Psaila, B’Kara which accident occured because of your negligence, lack of skill and lack of observation of the Traffic Regulations on your part Nicolette Getley whilst you were driving the vehicle Chrysler PT Cruiser holding registration number BAT 666, you emerged from a Stop Sign and collided in the vehicle of the interpellant Skoda Felicia number GAC 389.

As a result of this accident, Travis-Francis Xuereb suffered among other damages, personal damages and is permanently disabled.

At the moment of the accident the vehicle BAT 66 was insured by you Allcare Insurance Ltd.

If the time passes uselessly further procedures will be take according to law.

This judicial letter is being made in terms of Article 2153 and 2154(1) of the Civil Code.

With cost.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By a decree given by the COURT OF MAGISTRATES (GOZO), SUPERIOR JURISDICTION, GENERAL SECTION, on the 13th of July, 2015 on the application of Emanuela Spiteri et in the records of judicial sale by auction number 8/2015 in the names ‘Emanuela Spiteri et vs Michael Muscat et’ and by means of a judgment given on the 6th of June 20016 in the acts of case number 45/1998 in the names ‘Emanuela Spiteri et vs Michael Muscat et’ Monday 14th September 2015 at 10am, has been fixed for the SALE BY LICITATION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:

1. Property number two (2), Skerla Street, Sannat, Gozo, as shown in the plan on page 86 of the mentioned case, valued at €226,648 (Lm97,300);

2. Portion of land known as ‘Tal-Harruba’ in Skerla Street, Sannat, Gozo, today known as Palazzo Palina Street measuring around thirty-one meters squared (31sq.m.) bonded South with a lane that outfall in Palazzo Palina Street, before Skerla Street and North with property of Michael Muscat and this as shown in the plan on page 87 of the mentioned case, valued at €10,482 (Lm4,500).

The said property belongs to the heirs of Michael Muscat, and will be sold as described in the report sworn by AIC Edward Scerri on the 14th of October, 2005.

DANIEL SACCO

For the Registrar Gozo Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 9th July 2015, in the records of the Warrant of Prohibitory Injunction in the names Bank of Valletta p.l.c. (C 2833) vs Mixer Limited (C 9942) Application Number 1014/15 JRM, the following publication was ordered for the purpose of service of the respondent company Mixer Limited, in terms of Article187(3) et seq. of Cap 12.

By means of an Application, filed, in the First Hall Civil Court, in the names (Applicant ) Bank of Valletta (C 2833) vs (respondent) Mixer Limited (C 9942) on the 23rd June 2015, the applicant Bank of Valletta p.l.c. (C 2833) respectfully pleaded;

That the applicant in order to secure its credit hereunder mentioned against the respondent humbly asks this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent in order that he be withheld from selling, alienating, transferring or disposing inter vivos both by onerous and gratuitous title and property and in particular;

a) The land known as ‘Ta’ San Martin’ in the vicinity of San Martin limits of Ħaż-Żebbuġ, Malta, of the area of circa eleven thousand seven hundred and nine point nine nine square metres (11,709.99) which is situated in a street which from Ħaż-Żebbuġ leads to Rabat, Malta, and borders on the South with the said street, on the East with property of the Monastery of Santa Skolastika of Birgu, and on the North with property of the heirs of Notary Giuseppe Calleja or more correct boundaries.

b)A divided portion of the field’Ta San Martin’ in the vicinity of San Martin, limits of Ħaż-Żebbuġ, Malta, of the area of circa ten thousand one hudred seventy square metres and borders on the North with property of Mixer Limited, previously Planka Limited and in part with property of Carmelo Mifsud, and on the South with property of Mixer Limited previously Planka Limited and on the East with property of the Monastery of San Benedtto, Rabat, Malta or more correct boundaries, including the alley without a name and number.

c) A divided portion of the field ‘Ta’San Martin, in the vicinity of San Martin, limits of Ħaż-Żebbuġ, Malta of the area of circa one thousand six hundred sixty nine square metres(1,669) bordering on the South with property of Carmela and Giuseppa Vella, on the West with property of Carmelo Mifsud and on the East with property of the Monastery of San Benedetto, Rabst, Malta or more correct boundaries subject to decanal tithes and the annual and perpetual groundrent as indicated in the deed as well as

d) The Batching Plant built on three portions of land above mentioned (a) (b) and (c) and namely the portion of land known as ‘Ta’ San Martin’ and the adjoining land in San Martin, limits of Ħaż-Żebbuġ.

That by means of a judgement given by this Honourable Court, on the 28th February 2002, in the names ‘Bank of Valletta p.l.c. vs Mixer Limited and Mixer Concrete Works Limited’ Writ of Sumonns number 1407/2000 JRM) (Doc A) the applicant company was declared a creditor of Mixer Limited and Mixer Concrete Works Limited, in the sum of two million two hundred thirty three thousand two hundred thirty three Ewro and one cent (€2,233,233.01) (equivalent to Lm958,725.93) together with costs and further interest from the 1st April 2000, to the day of effective payment.

2. That the debt of the respondents today amonuts to four million eight hundred forty thousand two hundred eighty eight Ewro and eighty six cents(€4,840, 288.86) together with the costs and further interest from the 19th December 2014, till the day of effective payment (Doc B1 To B2).

3. That by means of an Application number 146/2015 LM, filed on the 17th february 2015, in the names ‘Bank of Valletta plc vs 1, Mixer Limited and 2. Mixer Concrete Works Limited, the applicant company asked that it be authorised by this Honourable Court to execute the judgement given by it on the 28th February 2002, in the names ‘Bank of Valletta p.l.c. vs Mixer Limited and Mixer Concrete Works Limited ‘ (Writ of Summons number 1407/2000 JRM) (DOC A) with costs of this procedure against the respondents which application is put off for the judgement of the sitting of the 14th October 2015.

4. That if the respondent shall to transfer the immovable above mentioned the credit of the applicant shall be eluded.

Thus the applicants humbly pray that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in question against the respondent;

Credit: The sum of four million eight hundred and forty thousand two hundred eighty eight Euro and eighty six cents (€4,840.288.86) together with the costs and further interest from the 19th December 2014, till the day of effective payment.

Title: Judgement given by this Honourable Court, on the 28th February 2002, in the names ‘Bank of Valletta p.l.c. vs Mixer Limited and Mixer Concrete Works Limited’ (writ of Summons number 1407/2000 JRM) which judgement is being asked to be executed in virtue of Application number 146/2015 LM< which application is put off for judgement to the sitting of the 14th October 2015.

Confirmed before me under oath after I read its contents and in the presence of Joseph Caruana with one document.

Warrant of Prohibitory Injunction.

Republic of Malta

To Court Marshall

Whereas the above application was presented and there recur all the elements required by law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Joseph R. Micallef LLD, Doctor of Laws.

By means of a Decree given in the records of the same Prohibtory Injunction 1014/15 JRM, in the names Bank of Valletta p.l.c. (C 2833) vs Mixer Limited (C 9942) on the 23rd June 2015, the Court decreed the following;

The Court,

Having seen the Application,

Having seen Art 874 and 875(2) of Cap 12, provisionally upholds the request;

Orders that the respondent company be notified who id to file a reply till the 26th June 2015.

Appoints the application for hearing on Tuesday 30th June 2015, to be called at 1.30 p.m.

Sgd. J.R. Micallef -23-VI-2015.

Respondent; Mixer Limited-Emma House, Mdina Road, Żebbuġ.

Execution: Mixer Limited, Emma House, Mdina Road, Żebbuġ.

Service: 1. Director Public Registry, West Street, Valletta.

2. Land Registry West Street, Valletta.

The Application Warrant of Prohibitory Injunction number 1014/15 JRM, in the names Bank of Valletta plc vs Mixer Limited, is put off for hearing to the 22nd July 2015 at 12.30 pm.

ADV. FRANK PORTELLI, LLD

For the Reġistrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 24th June 2015, in the records of the Sworn Application, in the names Micallef Decesare Gunther vs Expo Events Limited, application number 551/15 LM, the following publication was ordered for the purpose of service of the company Expo Events Limited 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 Gunther Micallef Decesare (ID 208569M) vs Expo Events Limited (C 63751M) on the 8th June 2015 the applicant Gunther Micallef Decesare (ID 208569M) asked this Honourable Court saving any necessary declaration:

1. To declare that the respondent company is a debtor of the applicant in the sum of eleven thousand eight hundred sixty two Euro and fifty four cents (€11,862.54) or more correct sum which can be declared by the Court and uphold the other demands in the application amongst which that the respondent company be ordered to pay the applicant the sum of eleven thousand eight hundred sixty two Euro and fifty four cents (€11,862.54).

With costs and commercial interests as demanded till the date of effective payment against the respondent company summoned so that a reference to its evidence be made.

Applicant: 21, Alley’s End, Sqaq Charlotte, Għargħur.

Respondent Company: 2, Triq l-Għasel, St. Margherita, Mosta.

The Sworn Application in the names Micallef Decesare Gunther vs Expo Events Limited, application number 551/15 LM, has been deferred for hearing to Tuesday 29th September 2015, at 9.45 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

NOTICE

CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Deann Cutajar (ID No. 339990M) filed an application under oath (No. 152/15RGM) demanding CORRECTIONS in the ACT OF BIRTH of the minor child Rowen Cutajar number 2813/2015 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath of the day which will be appointed for the hearing of the case.

By order of the Court.

Karen Falzon

For the Registrar Civil Courts and Tribunals

By means of a decree of the 8th July 2015, delivered by the Court of Magistrates (Gozo) Inferior Jurisdiction, in the records of judicial letter number 485/2015, in the names Caruana & Cini Co Ltd and Manuel Cini with address at 40/41, Triq il-Kapuċċini, Victoria, Gozo vs Bogdanovic Goran with address at “Haven”, Triq il-Mogħdija, Għajnsielem, Gozo, and Philip Fenech with address at Sunshine, Flat 2B, Triq ta’ Wara is-Sur, Victoria, Gozo which letter was filed on the 8th July 2015 it was ordered that the following publication be affected in order to serve as service on the respondents in terms of Article 187 (3) of Cap. 12 of the Laws of Malta.

To:

Bogdanovic Goran with address at “Haven”, Triq il-Mogħdija, Għajnsielem, Gozo;

Philip Fenech with address at Sunshine, Flat 2B, Triq ta’ Wara is-Sur, Victoria, Gozo

By these presents Caruana & Cini Co Ltd and Manuel Cini of 40/41, Triq il-Kappuċċini, Victoria, Gozo, call upon you to pay them the sum of (€4,123.98), due partly as the price of tiles consigned to you on your instructions and party as the refund of a deposit or payment in advance for your work that you were to carry at 3 Triq Ġorġ Borg Olivier, Rabat, Malta which work you failed to execute.

You are warned that you should fail to reply to this letter and pay the amount due by you, claimant shall proceed judicially against you.

You are requested to pay the costs of this procedure and that of the informal letter already sent to you and the costs of Judicial Letter No. 107/2014 sent to you under Article 166A of Cap. 12 of the Laws of Malta.

Issued by the aforementioned Court of Magistrates (Gozo) Inferior Jurisdiction, under the signature of Dr Paul Coppini LLD, a Magistrate of the said Court.

Superior Jurisdiction, General Section

Diane Farrugia

For the Registrar

Gozo Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 29th April 2015, following a request of Bank of Valletta plc as trustee it was ordered that Deputy Curators be chosen to represent the unknown superior owners in the records of the Schedule of Redemption of Groundrent number 642/15, in the names Bank of Valletta as trustee vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit and Redemption of Groundrent presented in the First Hall Civil Court, in the names Bank of Valletta plc as Trustee (C 2833) vs Deputy Curators appointed to represent the unknown superior owners, on the 29th April 2015, the interpellant Bank of Valletta plc respectfully pleaded:

That it is the owner of the premises number thirty one (31) which was previously known with the number twenty two letter ‘B’ (22B) in Triq Tignè, Sliema, including its airspace as subject to two Euro and thirty three cents (€2.33) annual and perpetual groundrent, free and unencumbered from any other burden with all its rights and appurtenances.

That the interpellant acquired the same premises by a deed of sale in the records of Notary Margaret Heywood, dated 28th September 2010.

That the interpellant wishes to pay the groundrent for these last five years and is depositing the amount of (€11.65) under the Authority of this Court.

That the interpellant wishes to avail herself of the right given to it in virtue of Article 1501 of the Civil Code Cap. 16 of the Laws of Malta and is thus depositing the sum of €46.60 which represents the said groundrent of €2.33 capitalised at 5% and €11.65 arrears of groundrent which together amount to €58.25 to be withdrawn by the curators appointed according to law saving the notification of the Director Public Registry and after the due receipt according to law.

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.

Interpellant: Bank of Valletta plc as Trustee, 58, Triq San Zakkarija, Valletta.

Applicant: Deputy Curators, Superior Courts, Valletta.

Notify: 1. Director Public Registry, Merchants Street, Valletta.

2. Land Registrar, Casa Bolino, 116, West Street, Valletta.

Given by the Superior Courts, above mentioned, with the witness of the Hon. Madam Justice Jacqueline Padovani Grima LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the 8th July, 2015 given by the First Hall of the Civil Courts, 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).

That by the application filed by Joseph Schembri on 10th March, 2015 is asking for the withdrawal of the amount of €1,295.15 deposited by the Schedule of Deposit number 239/15 in the names of:

Joseph Schembri (ID 435060M) vs Josephine Azzopardi (ID 768261M).

The Court ordered the notification of this application with a ten (10) days for filing a reply.

Marvic Farrugia

For the Registrar of Courts and Civil Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 10th July 2015, following a request of RTFX Limited, it was ordered that Deputy Curators be chosen to represent the absent Jean Marie Kohli, Sher Jung Rehdu, Leo N. Waldburger, Dimitri El Saddi, Itshak Laurent Elbo, Florent Kouassi Koffi, Sameera Pathirathna, Symon Leonard Trinos, in the records of the Schedule of Deposit number 1029/2015, in the names RTFX Limited vs Victoria Mcbride et and Deputy Curators and in the relative and subsequents acts.

By means of a Schedule of Deposit filed in the First Hall Civil Court, in the names RTFX Limited (C 46029) vs Victoria Mcbride, Peter Wieczorek, Jerome Lacube, Jacky Moreau, Souhail Ait Youssef, Vincent Demolombe, Herve Garcia, Jean-Christophe Aubagnac, Sege Strivay, Abass Minte, Olivier Ahouzi, Nicolas Piloz, Dominique Coquelet, Ludovic Boivin, Florent Segondi, and Deputy Curators to represent Jean –Marie Kohli, Sher Jung Rehdu, Leo N. Waldburger, Dimitri El Saddi, Itshak Laurent Elbo, Florent Kouassi Koffi, Sameera Pathirathna, Symonnd Leonard Trinos, on the 8th July 2015, the interpellant RTFX Limited (C 46029) respectfully pleaded:

That the interpellant is a company licensed by the Malta Financial Services Authority (MFSA) as Category 3 Investment Services Licensee.

That the interpellant is licensed inter alia to hold client funds.

That the interpellant ceased its operations with effect from the 29th May 2015 and surrendered its License to the MFSA in accordance with the applicable rules and regulations on or after the 1st July 2015, under the authority of the MFSA.

And whereas the Company has made every effort to communicate with and notify its clients requesting them to withdraw their funds by the 30th June 2015.

And whereas some of the Company’s clients have not withdrawn their funds despite various communications made with them by employees of the interpellant company.

And whereas, pursuant to the policy and practice of the Registrar of Courts to accept solely deposits denominated in the Euro currency any client balances held in any other currency have been converted into Euro at the prevailing market rates in order to be deposited.

And whereas the MFSA has been duly notified by the Company of its intention to deposit the pending client balances as at the 30th June 2015 under the authority of the Registrar of Courts.

Now therefore the interpellant company RTFX Limited is depositing under the authority of the Court the sum of 156,188.02 Euro (one hundred and fifty six thousand, one hundred eighty eight Euro and two cents) which pertain to the individuals set out in the attached Document ‘A’ so that the balance attributable to each client in the amount indicated near each client’s name as listed in the attached Document ‘A’ shall be freely withdrawn upon an appropriate request made by the client concerned.

Depositor: The Cornerstone Complex, Level 2, Suite 2, 16th September Square, Mosta MST 1180, Malta.

Address of the Absentees: Jean Marie Kohli, Chemin du Carroz, 17,1882, Gryon, Switzerland.

Sher Jung Rehdu:Av Arturo Prat 2272, Depto 1504, Barbados las Antillas 1100000, Iquique, Chile.

Leo N. Waldburger, 130, rte des Rosalys, 1619, Les Paccots, Switzerland.

Dimitri El Saadi, Beydoun Street, Jamil Saab Bldg, PO Box 175-636, Beirut, Lebanon,

Ityshak Laurent Elbo, Hatsionout, 9/13a 77641, Ashdod, Israel.

Florent Kouassi Koffi, Cossa 225, Abidjan Cote d’Ivoire.

Sameera Pathirathna, PO Box 183975, 11033, Dubai, United Arab Emirates.

Symon Leonard Trinos, 201 JP Rizal Street, San Roque, 1801, Marikina City, Philippines.

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 Miriam Hayman, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Courts, on the 7th May 2015, in the records of the Judicial Protest number 40/15, in the names HSBC Bank Malta plc (C 3177) vs (1) K & M Contractors Ltd (C 39982), (2) Carmel Mangion (ID 110160M), (3) Carmen Mangion (ID 18462M) (4) C & M Contractors Ltd (C 30803), (5)E & C Developments Ltd (C 15633), (6) Simon Marchett (ID 352190M) the following publication was ordered for the purpose of service of the respondents Carmel Mangion and Carmen Mangion and the respondent companies K & M Contractors Ltd, C & M Contractors Ltd and E & C Developments Ltd in terms of Article 187(3) et seq. of Cap. 12.

In the First Hall Civil Court

HSBC Bank Malta plc (C 3177) vs

(1) K & M Contractors Limited (C 39982)

(2) Carmel Mangion (ID 110160M)

(3) Carmen Mangion (ID 18462M)

(4) C & M Contractors Limited (C 30803)

(5) E &C Developments Limited (C 15633)

(6) Simon Marchett (ID 352190M)

Protest of the company HSBC Bank Malta plc

Respectfully pleads

That the protesting company is a creditor of the respondent company E &C Developments Limited and of K & M Contractors Limited, C & M Contractors Limited and of Carmel and Carmen spouses Mangion, as sureties in solidum of €4,500,525.26, balance of a larger sum besides legal interest from the 8th January 2014, till the date of effective payment according to two contracts of loan in the records of Notary Malcolm Mangion, dated 1st November 2007 and 14th January 2008, which loan was constituted by a debt according to a contract of constitution of debt in the records of Notary Carmel Mangion, dated 27th October 2010, which credit is secured by special hypothecs number 20681/2007, 20690/2007 and 1953/2008.

That by means of a contract in the records of Notary Malcolm Mangion, dated 25th June 2009, the respondent Simon Marchett acquired from the respondent company K &M Contractors Limited, the apartment which is at elevated ground floor level, forming part of a block which has a common entrance without number and with the name of ‘Twilight’ in Triq id-Disgħa u Għoxrin ta’ Mejju 1592, ħal Tarxien, for the price of €58,234.34. This sale was registered in the Public Registry by means of Note of Enrolment number 12097/2009.

That this situation is of great prejudice to the interest of the interpellant companies.

Thus the protesting company whilst bringing the premised to the formal notice of this Honourable Court and the respondents calls upon E & C Developments Limited and of K & M Contractors Limited, C & M Contractors Limited and of Carmel and Carmen spouses Mangion, as sureties in solidum to pay the debt above mentioned and the respondent Simon Marchett to pay the debt or release the premises acquired by him as above exposed in terms of article 2072 of the Civil Code and whilst it informs you that in default the protesting company shall pass on to enorce its rights according to law by means of the present judicial protest is holding the respondents responsible for all the damages it is suffering and it can suffer and is from now putting you in dolo, mora and culpa for all effects and purposes of law.

Protesting parties: 32, Merchants Street, Valletta.

Respondents: 1. K & M Contractors Ltd, Villa Alfano, Annibale Preca Street, Lija.

3. C & M Contractors Ltd, Villa Alfano, Annibale Preca Street, Lija.

5. Carmel Mangion, Villa Alfano, Annibale Preca Street, Lija.

7. Carmen Mangion, Villa Alfano, Annibale Preca Street, Lija.

9. E & C Developments Limited, Villa Alfano, Annibale Preca Street, Lija.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals