Court Notices published in Govt. Gazette no 20,661 of 9th July 2021

ARB/C023/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th May, 2021, given by the Criminal Court (Hon. Mister Justice Dr Giovanni Grixti, LLD). Compilation Number 198/2021, in the case:

The Republic of Malta

Versus

FLORINDA SULTANA;

NESVAN COMPANY LIMITED, with Maltese registration number C33492 and registered address at Blk J, Fl 5, Triq iż-Żnuber, Santa Luċija.

AND

MS1 CATERING LIMITED, with Maltese registration number C89011 and registered address at Blk J, Fl 5, Triq iż-Żnuber, Santa Luċija.

The Court APPOINTS Dr Adrian Sciberras as the administrator for the company MS1 CATERING LIMITED and Ms Joan Bartolo and Mr Eridion Marku as his assistants responsible for the cash till of the restaurant Porticello.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) on the 12th April, 2021, which was published in the Government Gazette on the 16th April, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Florinda Sultana, NESVAN COMPANY LIMITED and MS1 CATERING LIMITED.

Acting Director, Asset Recovery Bureau

ARB/C044/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 24th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 196/2021, in the case:

The Republic of Malta

Versus

CARLOS DIMECH;

KEITH TESTA;

AND

PIETÀ MARINA CATERERS LIMITED, incorporated on the 19th May, 2006, with Maltese registration number C38729 and registered address at Fumia Restaurant, La Vecchia Dogana, Sa Maison Road, Tal-Pietà, Malta.

The Court APPOINTS Dr Peter Fenech as administrator generally for the better preservation of the assets of the company PIETÀ MARINA CATERERS LIMITED, including the restaurant Onda Blu and provide for the administration of the mentioned society and restaurant, and its business.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 23rd June, 2021, which was published in the Government Gazette on the 28th June, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Carlos Dimech, Keith Testa, and PIETÀ MARINA CATERERS LIMITED.

Acting Director, Asset Recovery Bureau

ARB/C023/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 198/2021, in the case:

The Republic of Malta

Versus

FLORINDA SULTANA;

NESVAN COMPANY LIMITED, with Maltese registration number C33492 and registered address at Blk J, Fl 5, Triq iż-Żnuber, Santa Luċija.

AND

MS1 CATERING LIMITED, with Maltese registration number C89011 and registered address at Blk J, Fl 5, Triq iż-Żnuber, Santa Luċija.

The Court APPOINTS Dr Peter Fenech as the administrator for the company MS1 CATERING LIMITED and with immediate effect take over the management and ordinary administration of the mentioned company and all its business including the restaurant Porticello, while taking the necessary measures for the better preservation of assets. The administrator Dr Peter Fenech, must ensure that the proceeds from the operation and management of these companies remain affected by the seizing and freezing order and proceed to open a bank account in the name of the company MS1 CATERING LIMITED in order to carry out the task as given to him by this Court.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) on the 12th April, 2021 which was published in the Government Gazette on the 16th April, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Florinda Sultana, NESVAN COMPANY LIMITED and MS1 CATERING LIMITED.

Acting Director, Asset Recovery Bureau

By means of a decree of the 1st June, 2021, of the Civil Court (Commerce Section), in the records of the Application in the names Terracore Limited vs TACA Insaat Ve Ticaret A.S., Application number 16/2021ISB, the following publication was ordered for the purpose of effecting service on the respondent company TACA Insaat Ve Ticaret A.S. 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 Terracore Limited (C32227) filed before the Civil court (Commerce Section) on the 22nd February, 2021, the applicants Terracore Limited (C32227) in terms of articles 399, 214(2)(a)(ii) and article 214(5)(b) of Chapter 385 of the Laws of Malta requested with respect that:

That the respondent company is a registered company in Turkey, with the address Huzur Mah. Cendere Cad. No: 114 Skyland Istandbul B Blok 32. Kat No 457, Istanbul, Turkey, and with number 844583.

That it is a company that on the 27th September, 2018, opened a branch in Malta and this as it results from the attached documentation of the The Malta Business Registy (Doc. TC1);

That these procedures are based on article 399 of Chapter 386 of the Laws of Malta from which it results that a branch of a foreign company can be dissolved in the same way as a company can be dissolved.

The present application is also based on Article 214 (2)(a)(ii) and article 214(5)(b) of Chapter 386 of the Laws of Malta.

 The applicant was engaged on the 16th November, 2018, by the respondent company by means of a sub-contracting agreement ( copy of the contract is attached hereto and marked as Doc. TC2) and this in the light of a contract of works between the respondent and the company Fortina Contracting Limited.

The applicant company complied with the agreement and the instructions given and was always professional and acted in accordance with the required standards, as well as always providing the same services on time and without delay, even when the respondent company was not honouring its obligations and paying the applicant company as agreed and required in terms of the agreement de quo.

It results that to date the respondent company is indebted to the applicant company in the amount of €141,897.57 (see statement attached hereto and marked as Doc. TC3) and this despite there is an agreement and recognition by the defendant company that this amount is due from it (see communication sent by a representative of the defendant company attached hereto and marked as Doc. TC4).

Thus, on the basis of the above mentioned, the applicant company request with respect that this Honourable Court:

1.  Appoints a provisional administrator to administer the affairs in Malta of the respondent company and this under all such provisions as this Honourable Court may deems fit;

2. Declare that the respondent company may not pay its debts in terms of article 214(2)(a)(ii) and article 214(5)(b) of Chapter 386 of the Laws of Malta; u

3. Order the dissolution and consequent winding up by the Hon Court of the affairs of the respondent company in Malta in terms of article 214(2)(a)(ii) of Chapter 386 of the Laws of Malta, and give all the appropriate provisions, including for the appointment of a liquidator for the winding up of the affairs of the respondent company in Malta in terms of Chapter 386 of the Laws of Malta.

 This application was filed as authorised by a decree  dated 2nd February, 2021.

With costs and reserving the right for any further action by the applicant company against the respondent company.

 Applicant: Terracore, Plot 23, New Street in Caper Street, Mosta MST 4003

Respondent company: 31, Regent House, Triq Bisazza, Tas-Sliema SLM1640, Malta

Notification:  Malta Business Registry, AM Business Centre, Triq il-Labour, Żejtun ZTN 2401

The application in the names Terracore Limited (C32227) vs TACA Insaat Ve Ticaret A.S., Application number 16/2021ISB has been postponed for hearing to the 13th July, 2021, at 9.30 a.m. 

Dr Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st of July, 2021, given on an application of Rosanne Vella, filed on the 18th of June, 2021, in the records of application number 1012/21 wherein it was ordered the publication of the inventory of the estate of the late Carmelo Vella (ID 405253M) husband of Rosanne Vella, son of the late Carmel Vella and Giuseppa (Josephine) Vella née Formosa, born at Birżebbuġa, Malta, and died at Msida, Malta, on the 25th of January, 2021, aged 67 years.

This publication is going to be held on Tuesday, 31st of August, 2021, at four (4.00pm) at Dakar Building, Triq Birkirkara, San Julian's, under the ministry of Notary Doctor Daniela Aquilina.

Melissa Galea

For the Registrar, Civil Court and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 21st May, 2021, in the records of the Sworn Application in the names David Mifsud vs Rachel Mifsud, Application number 62/21 AL, the following publication was ordered for the purpose of service of the respondent Rachel Mifsud, in terms of Article 187(3) et sequitur of Cap. 12. This Application was deferred for hearing from the sitting of the 27th May, 2021.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names David Mifsud (ID 63370M) vs Rachel Mifsud (ID 102777M) on the 18th February, 2021, the applicant David Mifsud (ID 63370M), asked this Honourable Court,

1. To declare and pronounce the personal separation between the parties for grave reasons and faults imputable exclusively to the defendant and uphold the other demands in the application.

With costs, as demanded in the Application against the defendant from now summoned so that a reference to her evidence be made.

The Sworn Application in the names David Mifsud vs Rachel Mifsud, Application number 62/21 AL, has been deferred for hearing to the 7th October, 2021, at 9.35 a.m.

Notify Respondent: 93, Gardell, Flat 1, Triq ix-Xitwa, San Pawl il-Baħar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 30th June, 2021, on the application of Vassallo Giovanna sive Jane (ID180443M), Thursday, 4th November, 2021, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction,  to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The urban tenement number fifty six (56) previously seventy one (71), Triq Ħal Bajjada, Rabat, Malta,  consisting of house that overlooks an internal large common yard, shared with third parties, with unknown boundaries and valued at two hundred and eighty thousand euro (€280,000).

The said tenement is the property of Micallef Carmelo (ID 826339M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 18/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 5th July, 2021 on the application of Ian Sammut (ID 275777M), Wednesday, 04th August, 2021, at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held at Garage number twelve (12) in Triq San Valentin, Ħal Balzan of the following items seized from the property of Entree Limited et (C36821).

Computers, keyboards, LCD and other items

N.B. The said objects will be sold as described in the acts of Judicial Sale file number 3/21.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree given, by the Civil Court, First Hall, on the 23rd February, 2021, in the records of the Sworn Application in the names F. Schembri Holdings Company Limited vs Jesmond Grixti, Application number 68/21 JVC, the following publication was ordered for the purpose of service of the respondent Jesmond Grixti, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names F. Schembri Holdings Company Limited (C17763), Triq Ħal Far, Birżebbuġa vs Jesmond Grixti (ID 401269M) on the 27th January, 2021, the applicant F. Schembri Holdings Company Limited (C17763) asked this Honourable Court,

1. To decide this cause without proceeding to a hearing for the purposes of Articles 167 to 170 of Cap. 12 of the Laws of Malta, condemn the defendant to vacate the portion of land or rather or field of the area of circa nine and a half tumoli (9.5tm) or rather ten thousand six hundred seventy nine square metres (10,679mk) known as 'Taz-Zina' sive Ta' Stejken, forming part of the lands known as 'Tax-Xarolla' in Bubaqra, in the liimits of Ħal Safi, as better described in the application and to restore the access to this land from Triq Ħal Far.

With costs, against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names F. Schembri Holdings Company Limited vs Jesmond Grixti, Application number 68/21 JVC, has been deferred for hearing to the 14th July, 2021, at 9.00 a.m.

Notify Respondent: 2, Mt Carmel Farmhouse, Triq Ħal Far, Żurrieq

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

ARB/C046/2021 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st July, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras LLD). Compilation Number 348/2021, in the case:

The Police

(Inspector Kevin Pulis)

(Inspector Lianne Bonello)

Versus

MAX FENECH, 24 years, son of Carmel and Rosanna née Camilleri, born in Pietà, Malta on the 13th January, 1997, residing at 27, Kennedy Court, Flat 4, Triq il-Bilbel, San Pawl il-Baħar, and holder of Maltese identity card bearing number 27197M.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to MAX FENECH and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 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 as mentioned in Article 5 and Article 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

ARB/C047/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire L. Stafrace Zammit, LLD). Compilation Number 403/2021, in the case:

The Police

(Inspector Alfredo Mangion)

(Inspector Justine Grech)

Versus

MARC PAUL BRADLEY CRIMENI, director, 62 years, son of the late Romeo and the late Edel née Girone, born in Canada on the 10th August, 1958, residing at 20, Nine Angels, Triq is-Sebħ, Swieqi, and holder of Maltese identity card bearing number 231424A.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to MARC PAUL BRADLEY CRIMENI and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to MARC PAUL BRADLEY CRIMENI and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 5 of the Prevention of Money Laundering Act, Cap. 373 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 as mentioned in Article 36, Article 22A, Article 23A, and Article 5 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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

ARB/C017/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 159/2021, in the case:

The Republic of Malta

Versus

BRIAN TONNA, auditor, 57 years, son of the late Renald and Victoria née Portelli, born in Tal-Pietà, Malta, on the 14th June, 1964, residing at 15, Delano Mansions, Fl 6, Triq Hurds Bank, Marsaskala, and holder of Maltese identity card bearing number 316764M.

MANUEL (EMMANUEL) CASTAGNA;

KARL CINI, accountant, 46 years, son of Joseph and Josephine née Grima, born in St Julian's, Malta, on the 15th March, 1975, residing at 2A, Hill Valley, Triq il-Gardell, San Ġwann, and holder of Maltese identity card bearing number 136975M.

MARIE KATRIN BONDIN CARTER;

K B T HOLDINGS LIMITED;

BT INTERNATIONAL LIMITED;

NEXIA BT LIMITED;

NEXIA BT ADVISORY SERVICES LIMITED;

BTI MANAGEMENT LIMITED;

SPX SERVICES LIMITED;

AND

WILLERBY TRADE INC.

The Court AUTHORIZES the accused BRIAN TONNA to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year due to him from the bank account held in his name ending -6311 at Bank of Valletta plc, as long as the income of the accused is deposited in the same bank account mentioned.

The Court AUTHORIZES the accused KARL CINI to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year due to him from the bank account held in his name ending -0018 at Bank of Valletta plc, as long as the income of the accused is deposited in the same bank account mentioned.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD) on the 20th March, 2021, which was published in the Government Gazette on the 26th March, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to BRIAN TONNA, Manuel (Emmanuel) Castagna, KARL CINI, Marie Katrin Bondin Carter, KBT Holdings Limited, BT International Limited, Nexia BT Limited, Nexia BT Advisory Services Limited, BTI Management Limited, SPX Services Limited, and Willerby Trade Inc.

Acting Director, Asset Recovery Bureau