Left arrow Mur Lura

Court Notices published in Govt. Gazette No. 19,063 of the 1st April 2013

Date Icon 01/01/2013

Bann for Curators

497
By means of a decree of the 18th March 2013, the First Hall Civil Court ordered the publication of the bann which appears hereunder for the purpose of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Republic of Malta
To the Marshall of the Court
Whereas by a decree given by this Court on the 18th March 2013, following a request of Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D. noe, it was ordered that deputy curators be chosen to represent the defendant SANEWELL CORPORATION LTD in the records of the Sworn Application number 260/2013 MCH, in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D. noe vs Deputy Curators et and in the relative and subsequent acts.
By means of a Sworn Application filed on the 15th March 2013 in the First Hall Civil Court in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D., holder of identity card number 258269 letter “M”, as special mandatary of SERGIO TACCHINI INTERNATIONAL S.P.A. in liquidazione, a foreign company incorporated under the laws of Italy and with an address of Galleria dei Borromeo, 3 I-35137 Padova, Italy vs (1) deputy curators to represent SANEWELL CORPORATION LTD, a foreign entity with indication of an address of “RM 403 4/F HO LIK CENTRE 66A, SHA TSUI ROAD, TSUEN WAN NT, HONGKONG”; and (2) deputy curators to represent BEA or rather Banque Extérieure d’Algérie, a foreign entity with an unknown address in OUM EL BOUAGHI, in Algeria, the applicant Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. noe, asked that for the reasons therein premised this Honourable Court should:
1. declare that the goods consisting of a quantity of sport clothing products (tracksuits) inside relative packaging material, all bearing trademarks “SERGIO TACCHINI” and “ST”, and are presently held under the authority of the Comptroller of Customs after he found that the containers ECMU 9704271 and CMAU 5882483 contained those same objects, contravene the intellectual property rights of the plaintiff company since they are counterfeit objects;
2. order the Comptroller of Customs to dispose of the said objects outside the channels of commerce so as to preclude any damage to the plaintiff company, or order the Comptroller of Customs to destroy those objects, in any case without any compensation to the defendants and at their expense;
3. take or order the Comptroller of Customs to take regarding those objects, any other measure which shall have the effect of effectively depriving the defendants of the economic benefits of the transaction;
4. order that the defendants are to bear all the other costs in connection with the measures ordered in terms of the second and third plaintiff prayers, including those for the identification and tallying of the mentioned objects, for their transport to the storage place, for the storage itself, for the transport from the storage place to the place of eventual destruction, and for the attendance during the destruction.
With costs against the defendants which are summoned as from now with reference to their oath.
List of witnesses.
List of Documents.
Plaintiff: Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D., holder of identity card number 258269 letter “M”, as special mandatary of SERGIO TACCHINI INTERNATIONAL S.P.A. in liquidazione, a foreign company incorporated under the laws of Italy and with an address of Galleria dei Borromeo, 3 I-35137 Padova, Italy – 84, Melita Street, Valletta, VLT 1120.
Defendants: (1) deputy curators to represent SANEWELL CORPORATION LTD, a foreign entity with indication of an address of “RM 403 4/F HO LIK CENTRE 66A, SHA TSUI ROAD, TSUEN WAN NT, HONGKONG” – Courts of Justice, Valletta (two copies); and,
(2) deputy curators to represent BEA or rather Banque Extérieure d’Algérie, a foreign entity with an unknown address in OUM EL BOUAGHI, in Algeria – Courts of Justice, Valletta (two copies).
You are therefore ordered to affix an official copy of this bann of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a note to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting or if you should encounter any difficulty in the execution of the said bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Joseph R. Micallef, LL.D.
ADV.FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Notice 498

498
By means of a decree of the 13th March 2013 of the Civil Court First Hall in the records of judicial letter number 515/13, in the names Nathan Testa vs Elian Mallia, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 891(1) of Cap. 12.
In the First Hall of the Civil Court
To Elian Mallia (I.D. 171084M) of Tamarind, Triq Santa Katerina, Attard.
By the present Nathan Testa (I.D. 262583M) of 3, Area 13, Triq Hans Stumme, San Ġiljan, whilst making reference to the accident which occured in Pembroke on the 27th September 2007 where you attacked him and caused him grievous injuries, solicits you so that you come forward for the payment and liquidation of the damages suffered.
In default, the applicant warns you that further action in Court will be taken against you without any further notice, which actions will include the issuing of the opportune warrants.
This judicial act is being made for all the purposes and effects of law, in terms of Cap. 12 of the Laws of Malta.
With costs and legal interest according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Notice 499

499
By means of a decree of the 8th February 2013 of the Civil Court First Hall in the records of judicial letter number 4118/12, in the names Director General of Value AddedTax vs Pasquale Giordmaina, the following publication for the purpose of service of the respondents was ordered in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Pasquale Giordmaina (I.D. 99158M) of Diana House, 69A, Triq Għar il-Ġobon, Birkirkara.
By the present the Director General of Value Added Tax of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 48 of Act XXII of 1994, so that within two (2) days from the service of this act, you pay the amount of €28,743.26 representing amount due by youaccording to the same Act.
With costs and interest according to the said Act till the date of effective payment.
This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render executive title which the same Director General of Value Added Tax, has against you by means of a notice sent to you.
In default, the interpellant warns you, that he shall pass to execute the said executive title he has against you by means of the opportune warrants.
So much so that you may know how to regulate yourself and to proceed.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Notice 500

500
By means of a decree given, by the Civil Court (Family Section) on the 26th February 2013, in the records of the Sworn Application number 108/12 AL, in the names Zahra Carmel vs Miloudia Meryami, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Civil Court (Family Section) Carmel Zahra (I.D. No. 1078948M) vs Miloudia Meryami I.D. No. 349896A, on the 10th May 2012, the applicants asked this Honourable Court:
1. To declare and decide that the marriage celebrated between the parties asreferred to in the application, is null for all intents and purposes of Law.
With costs, against the respondent summoned so that a reference to her evidence be made.
List of witnesses.
Notify: Miloudia Meryami (I.D. No. 349896A).
The Sworn Application in the names Zahra Carmel vs Miloudia Meryami, application number 108/12 AL, has been put off for hearing to the 11th June 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Bann for Curators

501
Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 19th December 2012, following the request ofRamchand Balani, it was ordered that Deputy Curators be chosen to representthe owners of the directum dominum in the records of the Schedule of Deposit and redemption of groundrent, in the names Ramchand Balani vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of redemption of redemption of groundrent of Ramchand Balani I.D. 2006657P, in the First Hall, in the names Ramchand Balani, son of the late Thadhurdas and Lachmibai née Mirpuri, born in Palermo, Sicily and residing in Floriana, identity card number 2006657P vs Deputy Curators, appointed to represent the owners who hold the directus dominium, on the 17th December 2012, the applicant Ramchand Balani (2006657M) respectfully pleaded:
That the applicant acquired the premises and namely number one (1) which forms part of the block number (8) which block consists in four flats with the name La Vallette Flats, Triq Sant’Anna, Floriana, which principal entrance of the block is marked with number sixteen (16) in Triq Vilhena, subject to the annual and perpetual groundrent of (€19.80) which property was acquired by the interpellantby means of a contract of sale dated 3rd February 1976, in the records of Notary Paul Pellegrini Petit, which contract is hereby attached.
That the interpellant is availing himself of the provisions of Article 1501 of the Civil Code (Cap. 16) and redeem the same groundrent as stipulated in the same Law.
That the sum of (€19.80) capitalised at the rate of 5% amounts to (€396).
Thus the interpellant in order to redeemthe groundrent imposed on the premises mentioned in the amount as premised calls upon this Court and under its authority is depositing the global sumof (€396) in order that it be freely withdrawn according to Law, after the due receipt according to Law is left.
Interpellant: 1. Number one (1) block number (8) La Vallette Flats, Triq Sant’Anna, Floriana.
Notify: 1. Deputy Curators,Courts of Justice, Valletta.
2. Director Public Registry, Public Registry,
Valletta.
(two services).
3. Land Registry, Casa Bolino, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall,above mentioned, with the witness of the Hon. Madame Justice Anna Felice, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013

Notice 502

502
By a decree of the 24th January, 2013 given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Direttur Ġenerali tat-Taxxa fuq il-Valur Miżjud on 31st October, 2012 is asking for the withdrawal of the amount of €868.71 deposited by the Schedule of Deposit number 1624/2011 in the names of:
Vodafone Malta p.l.c. Vs John Mary sive Jimmy Bugeja
The Court ordered the notification of this application with four (4) days for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
27 Marzu 2013

Bann for Curators

503
By means of a decree of the 18th March 2013, the First Hall Civil Court ordered the publication of the bann which appears hereunder for the purpose of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Republic of Malta
To the Marshall of the Court
Whereas by a decree given by this Court on the 18th March 2013, following a request of Advocate Dr Luigi A. Sansone LL.B. (Hons), LL.D. noe, it was ordered that deputy curators be chosen to represent the defendant BEA or rather Banque Extérieure d’Algérie in the records of the Sworn Application number 260/2013 MCH, in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D. noe vs Deputy Curators et and in the relative and subsequent acts.
By means of a Sworn Application filed on the 15th March 2013 in the First Hall Civil Court in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D., holder of identity card number 258269 letter “M”, as special mandatary of SERGIO TACCHINI INTERNATIONAL S.P.A. in liquidazione, a foreign company incorporated under the laws of Italy and with an address of Galleria dei Borromeo, 3 I-35137 Padova, Italy vs (1) deputy curators to represent SANEWELL CORPORATION LTD, a foreign entity with indication of an address of “RM 403 4/F HO LIK CENTRE 66A, SHA TSUI ROAD, TSUEN WAN NT, HONGKONG”; and (2) deputy curators to represent BEA or rather Banque Extérieure d’Algérie, a foreign entity with an unknown address in OUM EL BOUAGHI, in Algeria, the applicant Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. noe, asked that for the reasons therein premised this Honourable Court should:
1. Declare that the goods consisting of a quantity of sport clothing products (tracksuits) inside relative packaging material, all bearing trademarks “SERGIO TACCHINI” and “ST”, and are presently held under the authority of the Comptroller of Customs after he found that the containers ECMU 9704271 and CMAU 5882483 contained those same objects, contravene the intellectual property rights of the plaintiff company since they are counterfeit objects;
2. Order the Comptroller of Customs to dispose of the said objects outside the channels of commerce so as to preclude any damage to the plaintiff company, or order the Comptroller of Customs to destroy those objects, in any case without any compensation to the defendants and at their expense;
3. Take or order the Comptroller of Customs to take regarding those objects, any other measure which shall have the effect of effectively depriving the defendants of the economic benefits of the transaction;
4. Order that the defendants are to bear all the other costs in connection with the measures ordered in terms of the second and third plaintiff prayers, including those for the identification and tallying of the mentioned objects, for their transport to the storage place, for the storage itself, for the transport from the storage place to the place of eventual destruction, and for the attendance during the destruction.
With costs against the defendants which are summoned as from now with reference to their oath.
List of witnesses.
List of Documents.
Plaintiff: Advocate Doctor Luigi A. Sansone LL.B. (Hons), LL.D., holder of identity card number 258269 letter “M”, as special mandatary of SERGIO TACCHINI INTERNATIONAL S.P.A. in liquidazione, a foreign company incorporated under the laws of Italy and with an address of Galleria dei Borromeo, 3 I-35137 Padova, Italy – 84, Melita Street, Valletta, VLT 1120.
Defendants:(1) deputy curators to represent SANEWELL CORPORATION LTD, a foreign entity with indication of an address of “RM 403 4/F HO LIK CENTRE 66A, SHA TSUI ROAD, TSUEN WAN NT, HONGKONG” – Courts of Justice, Valletta (two copies); and,
(2) deputy curators to represent BEA or rather Banque Extérieure d’Algérie, a foreign entity with an unknown address in OUM EL BOUAGHI, in Algeria – Courts of Justice, Valletta (two copies).
You are therefore ordered to affix an official copy of this bann of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a note to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting or if you should encounter any difficulty in the execution of the said bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Joseph R. Micallef, LL.D.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
27 Marzu 2013