Court Notices published in Govt. Gazette No. 20,060 of 25th September 2018

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Rent Regulation Board it was ordered that on an application of Joseph Cutajar for the selection of Deputy Curators to represent International Machinery Limited in the acts of the application number 18/18JD and in other relative and subsequent acts.

By means of an application filed in the Rent Regulation Board in the names Joseph Cutajar (ID 524350M) vs M.V. Equipment Ltd (C 3790) and Ocean Marine Services Ltd (C 51432) and deputy curators to represent International Machinery Limited (C 63411) for any interest it may have, on the 1st March, 2018, the applicant Joseph Cutajar (ID 524350M) requested with respect:

That the applicant is the owner of the warehouse with official number 45 (previously without official number) in Trush Street, Paola, which warehouse was leased for the rent of €582.34 per year, which rent is to be paid every 29th June.

The lease agreement in favour of International Machinery Ltd (today M.V. Equipment Ltd) is regulated by means of an agreement dated 29th June, 1999, where the directors Attilio Vassallo Cesareo and Saviour Coppini appeared for and on behalf of the same company appeared and which agreement is here attached as Doc. A where the parties increased the rent which already existed between the parties which had been effective since the 29th June, 1979;

That International Machinery Ltd (today M.V. Equipment Ltd) failed to pay the rent due to the applicant during these last seven years;

The applicant found out that the warehouse was being used by the company Ocean Marine Services Ltd (and/or the company Intermach Limited, today International Machinery Limited), and that therefore the warehouse had been sub-let and/or assigned without the consent or the authorisation of the applicant.

The applicant solicited the respondents such that as a result of these defaults they vacate the warehouse and this by means of a letter attached as Doc. B, however, the respondents remained in default;

In addition, at the time of filing these procedures, the applicant found out that the company International Machinery Ltd (C 3790) without whom the original lease agreement was made changed its name to M.V. Equipemnt Ltd, and this as it results from the Memorandum and Articles attached as Doc. C and from the change of the name that occurred in February 2014 attached Doc. D. The applicant was never informed of this change in the name.

It results that the company Ocean Marine Services Ltd (C 51432) registered a company in January 2014 with the name Intermach Limited (C 63411) as per Doc. E, which company in March 2014 changed its name to International Machinery Limited (C 63411) as per Doc. F. This company has no connection with the company M.V. Equipment Ltd (previously International Machinery Ltd) and with whom the lease agreement was made.

It is clear that all the circumstance exists so that the applicant initiates these proceedings to resume possession of his property.

The respondents and/or any one of them are being requested to declared why this Honourable Board should not:

1. Declare the respondent and/or any one of them failed to pay the rent due on the warehouse with official number 45 (previously without official number) in Trush Street, Paola, to the applicant for the last seven years and that is the lease for the years 2010 till 2017;

2. Orders the respondent and/or any one of them to pay the rent representing these years in the amount of €4,076.40 and/or any other sum to the applicant;

3. Declare the respondent and/or any one of them sub-let and/or assigned the warehouse with official number 45 (previously without official number) in Trush Street, Paola, without the consent of the applicant;

4. Consequently declares that the respondent and/or any one of them violated the lease agreement of the warehouse with official number 45 (previously without official number);

5. Resind the lease of the warehouse with official number 45 (previously without official number) in Trush Street, Paola, such that the applicant can resume possession of the same warehouse and establish a short and peremptory period within which the respondent is to vacate;

6. Should the respondents fail to give back the possession of the warehouse within the time fixed by the Board, it gives the right to the applicant so that if it is necessary by means of nominated experts necessary works are carried out under the authority of the same Board, so that the possession of the warehouse is resumed by the applicant, and this at the expense of the same respondent and/or any one of them.

With costs against the respondent and/or any one of them, and legal interest.

The application number 18/2018JD in the names Joseph Cutajar vs M.V. Equipment Ltd et is postponed to the 11th October 2018 at 9.30a.m. before Magistrate Josette Demicoli, LLD

Applicant: Joseph Cutajar, 58, Triq l-20 ta’ Jannar, Ħal Qormi

Notification: M.V. Equipment, 254, Regency House, Triq ir-Repubblika, Valletta

Ocean Marine Servies Ltd, Penmarric, Old Railway Road, Birkirkara

International Machinery Ltd, 254, Regency House, Triq ir-Repubblika, Valletta; and/or 69, Triq Patri Feliċjan Bilocca, Marsa

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and file a note with a declaration that he is prepared to act as such. 

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Rent Regulation Board with the witness of Dr Josette Demicoli LLD, Doctor of Laws, Magistrate of the above-mentioned Board.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 12th September, 2018, in the records of the Application in the names Depczynski Martin noe vs STK Europe Ltd (C 61219), Application number 897/18 JZM, the following publication was ordered for the purpose of Article 416(1) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application, filed, in the First Hall Civil Court, in the records of the Schedules of Deposit 1532/17 and 1929/17, Following the Garnishee Order number 1269/2017, in the names Marcin Depczynski (ID 46141A) as local representative of the foreign company Quick Turtle sp z o.o. a company with limited liability registered under the Laws of Poland, with registration number 0000260040 and with registered office ul. Wodna 6 30-556 Krakovja, Poland vs STK Europe Ltd (C 61219) on the 7th September, 2018, the applicant Marcin Depczynski (ID 46141A) as local representative of the foreign company Quick Turtle sp. Z o.o. a company with limited responsibility registered under the Laws of Poland, with registration number 0000260040, and with registered office ul Wodna 6 30-556, Krakovja, Poland, respectfully pleaded:

1. That in the Registry of this Honourable Court there is deposited the sum of fifty-three thousand and three euro and thirteen cents (€53,003.13) in the records of the garnishee order in the names ‘Marcin Depczynski (ID 46141A) (as local representative of the foreign company Quick Turtle sp. Z.o.o. a company with limited responsibility registered under the Laws of Poland, with registration number 0000260040, and with registered office ul. Wodna 6 30-556, Krakovja, Poland vs STK Europe Ltd (C 61219) with reference number 1269/2017, namely the sum of fifteen thousand six hundred eighty six euro and fifty-four cents (€15,686.54) deposited with the Bank of Valletta plc by means of Schedule number 1532/17, presented, on the 18th September, 2017 (Doc. A) together with the sum of thirty-seven thousand three hundred sixteen euro and fifty-nine cents (€37,316.59) deposited with the Sata Bank plc by means of Schedule number 1929/17, presented on the 22nd November, 2017 (Doc. B).

2. That the Garnishee Order above referred to was issued by this Honourable Court following the demand of the applicant and was followed by a lawsuit in the same names with reference number 848/17 JPG which was decided on the 14th February, 2018. 

3.That by means of a judgement above referred to which was not appealed (Doc. D) the interpellant obtained an executive title for the amount of (€147,500).

4. That the demand of the interpellant company for the withdrawal of the amount deposited in the records of the garnishee order 1269/2017, was refused by this Honourable Court after the company STK Europe Ltd, opposed the demand.

5.That the interpellant company registered a General Hygothec with number 9569 registered on the 23rd May, 2018, and this on the basis of the judgement of this Honourable Court of the 14th February, 2018.

6.That the interpellant company as creditor of the said STK Europe Ltd (C 61219) is claiming the sum of one hundred forty-seven thousand and five hundred euro (€147,500) together with legal interest to run on the same amount with effect from the 14th February, 2018, till the date of effective payment and the judicial expenses.

Thus, the applicant in virtue of this application is humbly asking this Honourable Court, whilst reserving to bring all the admissible proof according to law respectfully prays this Honourable Court,

1. To order the opening of the competition of creditors in terms of Article 416 of Cap. 12 of the Laws of Malta on the deposits made by means of Schedule of Deposit 1532/17 and 1929/17 as well as by means of any other schedules of deposit which may result further on and other monies which result to belong to the company STK Europe Ltd (C 61219) and authorise the interpellant company, saving a declaration that its credit ranks before the eventual competing creditors, withdraw the amount deposited under the authority of this Honourable Court.

Thus, whoever considers that he has an interest is called to bring forward his rights within one month from the date of publication of this Notice. When the period of one month lapses no person, who has failed to put in a claim within that time can stop or otherwise hold the competition of creditors from being decided between those who have appeared. Thus, all those who are interested are also to appear for the sitting of Monday 29th October, 2018, at 9.30 a.m., presided by the Honourable Mr Justice Joseph Zammit Mckeon.

Applicant: Marcin Depczynski noe

The Application above mentioned in the names Depczynski Martin noe vs STK Europe Ltd (C 61219) Application number 897/18 JZM, has been deferred for hearing to Monday, 29th October, 2018, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals