Court Notices published in Govt. Gazette No. 20,640 of 8th June 2021

By means of a decree given, by the Civil Court ( Family Section) on the 13th May 2021, in the records of the Sworn Application in the names Bridget Borġ vs Raymond Zahra, Application Number 350/20 AL, the following publication was ordered for the purpose of service of the respondent Raymond Zahra, in terms of Article 187(3) et.seq. of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Bridget Borg (ID 343471M) vs Raymond Zahra (ID 61464M) on the 9th October 2020, the applicant Bridget Borg (ID 343471M) asked this Honourable Court,

1. To pronounce the dissolution of the marriage celebrated on the eighteenth (18) of May of the year 1995, between the parties and uphold the other demands in the application.

The Sworn Application in the names Bridget Borġ vs Raymond Zahra, Application Number 350/20 AL,has been put off for hearing to Thursday 17th June 2021, at 9.15 a.m.

Notify respondent: 14, Blokk A, Binja Santa Luċija, Imtarfa, limiti tar-Rabat.

Adv. Frank Portelli, LLD,

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th May 2021 of the Rent Regulation Board, in the records of the Application in the names Pauline Gauci et vs Claudia Mazzoni, Application Number 74/2021MV, the following publication was ordered for the purpose of effecting service on the respondent Claudia Mazzoni in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application for special summary proceedings as established by law in terms of Article 16A of Chapter 69 of the Laws of Malta in the names Pauline Gauci (ID 313867M) and Angelo Gauci (ID 161161M) vs Claudia Mazzoni (ID 165477A) filed before the Rent Regulation Board on the 29th March 2021, the applicant Pauline Gauci (ID 313867M) et requested with respect and Pauline Gauci (ID 313867M) confirmed on oath so that this Honourable Board:

 Declares and decides that the lease of the premises that is 20, Lanaria, Triq San Pawl, Mġarr, Malta leased by the applicant to the respondent Claudia Mazzoni (ID 165477A) should be terminated in accordance with the Law as the time expressly agreed between the parties lapsed in terms of the lease agreement of the 10th October 2016, document B, as subsequently extended, which eviction is to be made within a short and peremptory time that is determined by this Board and these under such terms and conditions as this Board may deem appropriate and opportune.

Orders the eviction of the respondent Claudia Mazzoni (ID 165477A) from the premises 20, Lanaria, Triq San Pawl, Mġarr, Malta within a short and peremptory time;

Declares and decides that the respondent is a debtor of the applicant in the amount of €120.00 for each day delay with effect from the 14th October 2020 until the date of the effective eviction, and any other due consideration or damages for any compensation due up to the effective eviction including electricity and water bills;

Declares and decides that the respondent is indebted to the plaintiff in the amount of €791.37 representing electricity and water consumption according to Document C in the file and €430.00 in rent arrears;

Orders the respondent to pay these penalties as well as the amount of €791.37 representing electricity and water consumption according to Document C as indicated above, in addition to €430.00 in rent arrears, as well as any compensation or other due consideration or damages for any compensation due after that date up to the effective eviction, including any electricity and water bills or any other bills till the effective eviction.

With costs and with due summons of the respondent who is from now being summoned so that a reference to the oath be made.

Applicants: 56, Eureka, Triq San Franġisk, Mġarr, Malta.

Respondent: 20, Lanaria, Triq San Pawl, Imġarr, Malta.

The application in the names Pauline Gauci et vs Claudia Mazzoni Application Number 74/2021MV has been postponed for hearing to the 22nd June 2021 at 12.45 p.m.

By order in terms of article 16A (1) of Chapter 69 of the Laws of Malta you have to appear in front of the Board above mentioned on the day and time that are established and notified to you.

In terms of Article 16A(1)(b) of Chapter 69 of the Laws of Malta you are warned that these are special summary procedures in which procedures the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting (does not appear although duly notified) or if he fails to show, during that sitting, that they have a valid defence and reasons to contest the applicants' request.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th May 2021 of the Rent Regulation Board, in the records of the Application in the names Maria Fatima Vassallo et vs Josephine Zerafa, Application Number 24/2021MV, the following publication was ordered for the purpose of effecting service on the respondent Josephine Zerafa in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Maria Fatima Vassallo (ID 285150M) and John Vassallo for any interest he may have as her husband (ID 390646M) vs Josephine Zerafa (ID 329862M) filed before the Rent Regulation Board on the 11th February 2021, the applicant Maria Fatima Vassallo et requested with respect:

The applicant Maria Fatima Vassallo is the owner of the premises 15, The Stars, Flat 3, Triq Alessandru, Birżebbuġa which premises she inherited from her father;

The applicant used to leased the premises in question by means of an agreement dated 7th November 2015 a copy of which is attached as Doc. ZMFV 1. In terms of the agreement, lease expired on the 31st October 2018 according to clause with the letter (n) in the same rent agreement.

That the applicants filed proceedings before the Rent Regulation Board in the names Mary Fatima Vassallo et vs Josephine Zerafa, which case had application number 145/2019 and in the case a note was exhibited by the applicants were they withdrew the case however they retained all of their rights since they took back the keys of the premises from the respondent Josephine Zerafa.

During the proceedings (application number 145/2019) Josephine Zerafa returned the keys of the premises to the applicants;

However the claim for the payment of rent arrears and also the payment of the rent and consumption of the water and electricity consumed from the premises leased remained outstanding;

The respondent owes the amount of Eur200 a month by way of rent arrears for the period from October 2019 till June 2020 besides the payment of the arrears of water and electricity on the meter of the bill of ARMS Limited;

Thus the applicants spouses Vassallo are requesting this Honourable Board to:

Declare that the respondent has to pay the arrears of rent for the premises 15, The Stars, Flat 3, Triq Alessandru, Birżebbuġa, because she failed to pay the amount due for the period from October 2019 till June 2020 and/or any other date, for the amount of €1,800 and/or any other amount (representing amounts due for rent that was not deposited at Court and was not paid to the applicants);

Declare that the respondent has to pay the arrears of the bills of water and electricity for the premises 15, The Stars, Flat 3, Triq Alessandru, Birżebbuġa, from the 4th October 2018 till the 18th September 2019 (when she returned the key to the applicants).

Order that the water and electricity meters of the premises in question will be transferred once again on the applicants within a short and peremptory time.

With costs including the judicial letter and the precautionary warrants as the case may be and with legal interest till the effective payment.

Applicant: Maria Fatima Vassallo and John Edward Vassallo, 77, Triq Ħal Tarxien, Ħal Tarxien.

Respondent: Josephine Zerafa – 15, The Stars, Fl 3, Triq Alessandru, Birżebbuġa.

The application in the names Maria Fatima Vassallo et vs Josephine Zerafa Application Number 24/2021MV has been postponed for hearing to the 15th June 2021 at 10.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree of the 24th May, 2021 given by the Courts of Magistrates (Malta), 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 (Chapter 12).

That by the application filed by GasanMamo Insurance Limited with the registration number C3143 on the 13th January, 2021 is asking for the withdrawal of the amount of one thousand, six hundred and twenty nine euro and forty four cent (€1,629.44) amount deposited by Lombard Bank Malta p.l.c. belonging to GasanMamo Insurance Limited, which amount was wrongly deposited because of a mistake in the heading of the schedule of deposit and this because the society GasanMamo Insurance Limited is the creditor of Kevin Micallef and not the opposite, deposited in the schedule of deposit number 2312/2020 in the names of:

Kevin Micallef (ID481868M) vs GasanMamo Insurance Limited (C3143) u Bianca Rizzo (ID578682M)

The Court ordered the notification of this application to the respondent with two (2) days for filing a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the second (2nd) of June of the year two thousand and twenty one (2021) (Decree number: 56/2021BS following application number 40/2021(BS) Mary Diacono, pensioner, widow of Edgar Diacono, daughter of the late Anthony Borġ and Carmela neè Debono, born in Għajnsielem, Gozo, and resides in Għajnsielem, Gozo, holder of identity card number: 42838(G) has been confirmed INTERDICTED from all acts of civil life.

Maria Iris sive Iris Azzopardi, housewife, wife of Joseph Azzopardi, daughter of the late Edgar Diacono and Mary neè Borg, born in Marsa, Malta, and resides in Għajnsielem, Gozo, holder of identity card number 70371(M), has been nominated as her curatrix, by virtue of the said decree.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 22nd December 2020, in the records of the judicial letter number 3188/2020, in the names Emanuel Micallef vs Jonathan Sant, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) et seq of Chapter 12.

In the First Hall of the Civil Court

To Jonathan Sant (ID 449685M) of El Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta.

By means of the present letter, Emanuel Micallef (ID 36763M) of Block 11, Flat 4, Vjal de la Cruz, Ħal Qormi refers you to the agreeement dated 6th December 2019 that you signed together with the same applicant so that immediately you come forward so that the necessary acts are executed such that all the shares which the applicant has in the company Jaguar Construction Limited are transfered in your favour as agreed.

You have no good reason at law not to come forward for the transfer of the shares in the company Jaguar Construction Limited.

That instead, in an abusive way and in bad faith you are acting as if you manage this company, and you are operating on behalf of this company without any authorisation and causing great prejudice to the applicant.

This behaviour is illegali and more so, it is in flagrant abuse of the privilege of Limited l iability which the legislator gave to Companies which are incorporated in terms of the Companies Act (Cap 386).

If five (5) days lapse from today and you remain in default and thus do not apply for the above transfer, the intepellant will proceed to ask the competent court to liquidate, dissolve and strike off the same company Jaguar Construction Limited through the procedures contempated in Act 386 of the Laws of Malta and in addition to the interpellant is reserving any action for damages against you.

So much so that you know how to proceed and regulate yourself.

With costs against you.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree on the 12th May 2021, in the records of the judicial letter number 231/2021, in the names GasanZammit Motors Limited vs Michael Pearce et the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents Michael Pearce and Cygnet Cars Ltd in terms of Article 187(3) et seq of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Michael Pearce (English Passport number 652902682) and Cygnet Cars Ltd (C88226) of The Rock, Flat 2, Claire E. Engel Street, San Ġiljan, on the 28th January 2021, GasanZammit Motors Limited (C-57642) of Gasan Centre, Mrieħel By Pass, Mrieħel:

1. makes reference to the amount of €4, 686 on eleven bills exchange duly accepted by you and listed in the attached list as GZM1, and which amount is due and has not been paid (copies of these bills of exchange are herewith attached and marked as document GZM 2) together with interest from the date when the aforementioned balance fell due on the bills of exchange till the effective payment; and 2. solicits you so that within ten (10) days from the day you are notified with this present, you pay the sum of €4, 686 repesenting the balance on the said bills of exchange besides the interest due by you from the aforementioned balance fell due on the bills of exchange till the effetive payment.

In default the interpellant company will furtherly proceed against you, without further notice, and with all the means given by law including the issue of the opportune warrants.

This letter is being made for all the purposes and effects of law and to render the same bills of exchange an executive title in terms of Article 253(e) of Chapter 12 of the Laws of Malta.

By means of this present, you are informed, that in terms of Article 253(e) of Chapter 12 of the Laws of Malta, you have the right that within twenty (20) days from the date of service of this act, you will present an application to oppose the execution of these bills of exchange above mentioned on the fact that the signatures on the same do not belong to your or those of your mandatory or for other grave and valid reasons to oppose such execution according to law.

So much so that you may know how to regulate yourselves.

With costs, including this present, and with interest according to law till the date of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, in the records of the Application in the names PR 20 JV vs The Director General of the Department of Contracts et, the following publication was ordered for the purpose of service of the respondent Bianco Impianti SRL, in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application, presented,in the Court of Appeal, Records of Appeal Number 112/2021/1 Bord of Revision relating to Public Contracts Number 1551 ( Tender No CT 3054/2020) PR 20 JV made by Rockcut Ltd (C 10164) and Pato SRl vs 1) The Director General of the Department of Contracts, 2) The Corporation for Water Services, 3) Bianco Impianti SRL, on the 14th April 2021, the applicant PR 20 JV, respectfully pleaded,

That this is an Appeal from a decision of the Board of Revision of Public Contracts (the 'Board') of the 25th March 2021 ( ereby annexed and marked('Doc. RC1') on a complaint of the interpellant company following a decision of the respondent Director General who decided that the offer of the interpellasnt submitted within the ambit of the call for offers number eCT3054/2020, was 'technically non-compliant', because the intepellant failed to submit 'QA Plan not signed and dated, Missing, Signed Self-Declaration for all key experts after rectification has been requested, consequently decided that the offer of the respondent company is to be accepted.

That aggrieved from such decision, the interpellant company recurred to the remedy within the terms of the Regulations regarding Public Acquistions (L.S.174.04) and brought forward a complaint before the Board.

That the Board , saving the usual procedures made before it: i) rejected the appeal of the interpellant, ii) confirmed the three reasons on which the respondent Director General based his decision that the interpellant is technically non-compliant; iii) ordered the refund of the deposit paid with the complaint is not made to the interpellant;

That the interpellant company feels aggrieved by such decision and is thus filing this humble Appeal before this Honourable Court;

That the facts which gave rise to this appeal are the following:

1.That the appellant company partecipated in the call for offers with reference CT3054/2020, published on the 12th October 2020 and which closed on the 17th November 2020, entitled 'HDPE Pipes Distrbution Network for New Water from Sant' Antnin Treatment Plant (M'scala) to Bulebel, Tas-Silġ, and Habel Abjad Reservoirs through Horizontal Directional Drilling-Water Services Corporation',

2. That in all there were two offerors , who between them made two offers, amongst which that of the appellant and that of the respondent company Bianco Impianti SRL,

3.That the offer of the appellant company was put aside for reasons that the'QA Plan not signed and dated, Missing Signed Self-Declaration for key experts after rectification has been requested.

……omissis……

That the grievances of the interpellant comnpany are clear and manifest and consist in the following;

1.That in the first place, the Board was erroneous when it rejected the complaint of the interpellant and gave grave importance to the clerical issues of the document rather than the contents and the ultimate purpose of the said document,

2.That in the second place and without prejudice to the first grievance, the Board was erroneous when it upheld that the interpellant did not observe the demands regarding clarifications made to the interpellant by the evaluation committee,

3.That in the third place and without prejudice to the first two grievances, the Board was erroneous in its interpretation of the requisites of the call for offers and,

4.In the fourth place and without prejudice to the first three grievances the interpellant appellant should not have been denied a refund of the deposit,

……omissis……

Conclusion

Thus the appellant company, whilst refering t all the records of the case and whilst reserving from now to bring forward the admissible proof at this stage of the procedures according to law, respectfully prays that this Honourable Court uphold this Appeal and cancel and revoke the decision of the Board of Revision regarding Publiuc Contracts of the 25th March 2018, in the names above premised in the Case No 1551 regarding the Call for Offers No eCT 3054/2020, and for the reasons brought forward in this application of Appeal, cancel the decision in virtue of which the offer of the interpellant was denied, whist it was proposed that the contract be given to the respondent company Bianco Impianti SRL and instead order that a new evaluation be made with the inclusion of the offer of the interpellant company.

With costs.

The Appeal Application 112/2021/1, in the names PR 20 JV vs the Director General of the Department of Contracts et, has been adjourned for hearing to the 28th June 2021, at 8.30am.

Appellants: PR 20 JV, Rockcut, Triq iċ-Ċimiterju, Għaxaq GCQ 2281, Pato SRL, Via G. Donizetti, 945030, Occhiobello (RO) Italja.

Notify: Bianco Impianti SRL, 90, Tal-Virtù Road, Rabat, Malta.

Reġistry of the Superior Courts (Appeals) today 4th June 2021.

Adv. Frank Portelli LLD,

For the Registrar, Courts and Tribunals.

It is hereby being notified that the First Hall of the Civil Court by means of a decree of the 20th June 2020, in the records of the judicial letter number 2360/2016, in the names Director of the Social Security vs Luciano Tabone, ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Chapter 12.

In the first Hall of the Civil Court

To Luciano Tabone (ID 537057M) of 40, Triq il-Providenza, Ħal Balzan, Malta.

By means of this present judicial letter the Director of the Social Security of 38, Ordinance Street, Valletta, VLT 2000, calls upon you so that within one week from the notification of this act you pay the interpellant the sum of €23,236.33 that were unduly paid to you as social assistance, sickness benefit and allowance for the period between the 30th August 2005 and 1st January 2010 and this because you failed to inform the Department that within that period you were not entitled to such benefits and this as you were obliged to do according Chapter 318 of the Laws of Malta.

If you fail to pay this amount within the stipulated time further legal procedures will be taken against you.

So much of your own guidance.

With costs.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 25th May, 2021, the publication of the following extract was ordered for the purpose of service on the respondent Carlo Trapani in terms of Article 187(3) et seq 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 8th April 2021 after the precautionary Garnishee Order number 456/2021 issued on the 2nd March 2021 in the names Carlo Trapani (ID 103761A) vs FM Core (C 49204) where in the application FM Core (C 49204) submitted:

That this Court issues the opportune counter-warrant on the grounds herein mentioned.

The ground: The creditor failed to file an application, within twenty (20) days from the filing of the note of contestation which the applicant company filed in the acts of the judicial letter number 290/2021 (vide doc A), and that is from the date of the 10th March 2021, and this in violation of Article 833A of Chapter 12 of the Laws of Malta.

In the Court of Magistrates (Malta)

Magistrate: Dr Gabriella Vella LL.D

Counter Warrant Number 723/2021 in the names:

Carlo Trapani

vs

FM Core

The Court,

Saw the application;

Orders the notification thereof to Carlo Trapani for him to file a reply within seven (7) days.

Notification: Carlo Trapani – West Block 3, Penthouse 1902, Fort Cambridge Sliema and/or Carol Fl 11, Triq id-Dugħ, Marsascala.

Applicant: : FM Core, Valley Mansions, Level 1, Msida Valley, Birkirkara.

Garnishees:  BOV – Republic Street, Valletta

HSBC – HSBC Operations Centre, 80, Mill Street, Qormi.

Lombard Bank, Republic Street, Valletta,

APS Bank, Tower Street, Birkirkara.

BNF Bank, 203, Level 2, Rue d'Argens, Gżira

Commissioner for Revenue, Belt is-Sebħ, Floriana.

Transport Authority, Triq Pantar, Ħal Lija.

Director and Registrar of Courts, Valletta.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 12th February, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Pierre Galea Musù (ID 482567M) and David J Pace (ID 491562M) as owners for and on behalf of the civil company UHY Pace Galea Musù & Co (with VAT number MT 18220013) of UHY Malta, Pantar Road, Ħal Lija LJA 2021, filed a Claim on the 1st February 2021, whereby they asked the Tribunal to condemn Deljay Holdings Limited (C-19544) of 14 Capua Street, Tas-Sliema, to pay the plaintiffs the sum of €4,720 which amount is due to the plaintiffs.

With costs and interests.

The case (Claim number 31/2021SFJ) is deferred on the 18th June, 2021, at 12.30p.m.

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 13th May 2021, Application number 762/2021 by Ines Aquilina et whereby they requested that it will be declared open in favour of Ines Aquilina, sister of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Alfio Aquilina, Silvio Aquilina, Maria Galea, Tonio Aquilina and Mario Aquilina, children of the late Joseph Mary Aquilina the latter brother of the decujus in the quota of one tenth (1/10) undivided share each one of them the SUCCESSION of Maria Rita Aquilina, unmarried, daughter of the late Alfio Aquilina and Ester Aquilina neè Zahra, born in Msida, Malta, resided in Ħamrun, Malta and died in Msida, Malta, on the 21st December 2020 aged 88 and who held identity card number 0290032(M).

Wherefore any person who believes 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th May 2021, Application number 740/2021 by Mary Farrugia neè Schembri et  whereby they requested that it will be declared open in favour of Mary Farrugia neè Schembri wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of John Farrugia and Mark Farrugia children of the decujus in the quota of one fourth (1/4) undivided share each one of them the SUCCESSION of Joseph sive Joe Farrugia, husband of Mary Farrugia neè Schembri, son of John Farrugia and Antonia Farrugia neè Abela, born in Ħal Tarxien, Malta, resided in Luqa, Malta and died in Ħal Luqa, Malta on the 12th November 2020 aged 82 and who held identity card number 291538(M).

Wherefore any person who believes 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