Court Notices published in Govt. Gazette No. 20,560 of 25th January 2021

ARB/C002/2021 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 19th January, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD). Compilation number 164/2018, in the case:

The Police

(Inspector Justine Grech)

Versus

MARIO FARRUGIA, self employed, 50 years, son of Carmel and the late Josephine née Mifsud, born in Tas-Sliema, Malta, on the 3rd July, 1970, residing at 363, Fl 2, Triq il-Kbira San Ġużepp, Santa Venera, and holder of Maltese identity card bearing number 291170M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to MARIO FARRUGIA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Acting Director, Asset Recovery Bureau

By means of a decree of the 5th November, 2020, of the Rent Regulation Board, in the records of the Application in the names Peter Mifsud David vs Nina Ryabchenko, Application number 137/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Nina Ryabchenko in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Peter Mifsud David (ID 318052M) vs Nina Ryabchenko (ID 450216L) filed before the Rent Regulation Board on the 28th July, 2020, the applicant Peter Mifsud David requested with respect:

That the applicant Peter Mifsud David and the respondent Nina Ryabchenko entered and agreement of lease dated 8th March, 2020, and this for the lease of the urban premises that is found in Blue Coral Mansions, Blk E, Fl 4, Triq Ġdida fi Triq J. Quintinus, San Pawl il-Baħar, which lease was for a period of one year for the amount of €750 monthly, copy of the lease agreement is here attached and marked as Doc. A which agreement was duly registered with the Housing Authority on the 2nd July, 2020, copy of the confirmation of the registration is here attached and marked as Doc. B;

The respondent paid the amount of the first month of the lease and that is for the month of March, but subsequently never paid any other monthly installment and never paid for the consumption of the water and electricity;

The respondent is in default of payment of the rent for more than three (3) instalments, so this lease has to be rescinded also in terms of the second (2) proviso of Art. 11 of Cap. 604 of the Laws of Malta and the respondent has to be ordered to pay every instalment together with all the costs for the period of occupation of the premises to her leased;

The applicant tried to communicate a number of times with the respondent such that this situation is resolved, and he also filed a judicial letter, however the respondent remained in default and so this procedure has to be adapted;

That before anything else and even before this Board proceeds to decide the merits of this case and any other demand on payment, namely on the failure to pay rent and other expenses related to it, it is to decide on the preliminary demand of the lessor plaintiff such that the respondent tenant is evicted from the premises, and this in terms of Art. 18(2) of Cap 604 of the Laws of Malta, and the applicant will resume the possession of the premises a sit was handed over and if need be, through the appointment of architects to enter the premises on the day of eviction and this to verify and check for any eventual damages in the premises which might have occurred during the occupation of the respondent.

Thus, the respondent, subject to any necessary declarations and opportune directions, and after all the evidence is submitted, requests why this Honourable Board, should not:

1. Order the immediate eviction of the respondent Nina Ryabchenko from the leased urban premises with address Blue Coral Mansions, Blk E, Fl 4, Triq Ġdida fi Triq J. Quintanus, San Pawl il-Baħar, and also gives back the full possession of the said premises to the applicant;

2. Liquidate the damages and costs of the said premises according to the documentary evidence produced during the hearing of the case and also by means of the nomination of architects for the reason of the fifth premise of this application;

3. Liquidate the amount of arrears of rent in the amount of €3000 or other correct amount;

4. Order the respondent to pay the amount of rent, costs and damages liquidated according to the Second and Third request.

With costs and legal interest from the date of liquidation onwards, including those of the judicial letter and reserving all the rights of the applicant for any other action according to law.

Applicant: 6, Rachanne, Triq il-Qarnit, Qawra

Respondent: Blue Coral Mansions, Blk E, Fl 4, Triq Ġdida fi Triq J. Quintinus, San Pawl il-Baħar

The application in the names Peter Mifsud David vs Nina Ryabchenko, Application number 137/2020SG, has been postponed for hearing to the 25th February, 2021, at 9.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals