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Court Notices published in Govt. Gazette no. 20,363 of 10 March 2020

Date Icon 10/03/2020

Court Warrant

371

By means of a decree given by the First Hall Civil Court (FDP) on the 5th February, 2020, in the records of the Counter-Warrant in the names Rachelle Buttigieg vs Paul Berman, son of Henry (ID 14553A) and his wife Colette Berman, daughter of Raymond Cassar Torregiani (ID 294959M) Counter-Warrant Number 1773/2019, on the 23rd December, 2019,  the following publication was ordered for the purpose of service of the respondent Rachelle Buttigieg, in terms oF Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court, following the Garnishee Order Number 3229/00, in the names Rachelle Buttigieg vs Paul Berman, son of Henry Idro (ID 14553A) and his wife Colette Berman, daughter of Raymond Cassar Torregiani (ID 294959M), on the 23rd December, 2019, the applicant Paul Berman (ID 14553A) and Colette Berman (ID 294959M) respectfully asked:

That this Honourable Court order the issuing of the opportune counter-warrant for the under mentioned reason.

Reason: The Precautionary Warrant abovementioned is not to remain in force since all the demands of the creditor brought forward in the relative cause in the names Rachelle Buttigieg vs Paul and Colette spouses Berman (Writ of Summons Number 849/00/LSO) were rejected by means of the relative judgement given by this Honourable Court on the 27th March, 2014, and despite that the creditor filed an appeal from the said judgement in order to continue to harass the interpellant, the relative appeal was declared deserted on the 10th December, 2019, and thus the abovementioned judgement (in virtue of which the demands of the plaintiff Rachelle Buttigieg were rejected) constitutes 'res judicata'.

Number 28

Counter-Warrant

Republic of Malta

To the Court Marshall  

Whereas following the execution of the warrant to which the above application refers there are sufficient reasons according to law why the said warrant is not to remain in force.

Given by the Court abovementioned with the witness of the Civil Court First Hall with the witness of the Hon. Mr Justice Francesco Depasquale LLM (IMLI) LLD.

Civil Court First Hall

In the records of the Counter-Warrant Number 1773/2019 in the names

Rachelle Buttigieg

vs

Raul Berman

The Court,

Saw the Application,

Orders the service with one week to file a reply.

Services:

HSBC Bank Malta plc, 80, Mill Street, Ħal Qormi

Bank of Valletta plc, 58, Triq Żakkarija, Valletta

APS Bank Ltd, 17, Triq ir-Repubblika, Valletta           

Lombard Bank Malta plc, 67, Triq ir-Repubblika, Valletta          

Notify: Rachelle Buttigieg, 124, Flat 2, Triq Sant'Elena, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

09 March 2020