Mur Lura
Court Notices published in Govt. Gazette No. 19,259 of 30th May 2014
01/01/2014
Notice 857
857By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th December, 2012 Application number 968/2013 by Lucy Anne Spiteri, Mario Spiteri, son of Grazio and Theresa née Baldacchino, born in Żejtun, holding identity card number 356365(M), was Interdicted by means of a decree given on the 20th July, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 858
858By means of a decree given by the First Hall Civil Court, on the 11th February, 2014 in the records of the Sworn Application, in the names HSBC Bank Malta plc (C 3177)vs Foresight Holdings Limited, application number 43/14 MCH,the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (5)of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Foresight Holdings Limited (C 16755), on the 17th January, 2014 the company HSBC Bank Malta plcin terms of Article 258 of Cap. 12 ofLaws of Malta, as represented respectfully pleaded:
That by means of a contract of constitution of debt in the records of Notary Mark Coppini, dated 6th March, 2002 (Dok. A) Foresight Holdings Limited constituted itself adebtor of the applicant company.
That after various payments have been made, the respondent company remained a debtor of the respondents, and there passed more than three years from the same contract of constitution of debt, and the applicant company is demanding authorisation according to Article 258 of the same Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta, in order to execute this same title in regard to the respondent company Foresight Holdings Limited, for the balance which is still due.
Thus, the applicant company saving any necessary and opportune declarationprays with respect that it be authorised by this Honourable Court to pass on to the execution of the same executive title above mentioned since there passed more than three years from the date of the same contract and the debt has not been settled in full, and this in terms of Article 258 of Cap. 12 of the Laws of Malta, from where it results that the applicant is to confirm under oath the nature of the debt the execution of the debt, and that the debt or part of it is still due.
The Sworn Application in the names HSBC Bank Malta plc vs Foresight Holdings Limited, applicationnumber 43/14 MCH has been deferred for hearing to the 30th June, 2014 at 9.00 a.m.
Applicant: 32, Triq il-Merkanti, Valletta.
Services: Adv. Patrick Spiteri as representative of Foresight Holdings Limited.
Courts of Justice, Valletta.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 859
859By means of a decree given on the 29th April, 2014 by the Rent Regulation Board, in the records of the Sworn Application, in the names Victor Mifsud et vs Jonas Gallotta noe pro et noe, and by another decree of the same Court above mentioned of the 26th May, 2014 it was ordered that the name of the respondent is to read Jonas Galotta, and not Jonas Gallotta, applicationin terms of Article 16A et. seq. of Cap. 69 of the Laws of Malta, the following publication was ordered for the purpose of service of the respondents in terms of Article 187(3) et. seq. of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Victor Mifsud (ID 648058M) and his wife Carmen Mifsud (ID 176363M), vs Jonas Gallotta, and by decree of the 26th May 2014, it was decided that the name Jonas Gallotta is to read Jonas Galotta, Swedish Passport 82172250, in the name and in representation of the company Swedish Delights Limited (C 604820), as well as inhis personal capacity as surety for the contractual obligations of the lease agreement on the 4th March, 2014 the applicant Victor Mifsud et asked this Honourable Board:
To decide without proceeding to a hearing in terms of Article 69 of the Laws of Malta, condemn the respondents to pay the applicants the sum of thirteen thousand five hundred fifty five Euro and seventy-nine cents (Euro 13,555.79), representng arrears of rent, payments of electricity and water bills, and uphold the other demands in the application.
With costs against the respondents summoned so that a reference to their evidence be made.
Applicant: Victor Mifsud et, 74, Sweet House, Triq il-Qoton, Naxxar.
Notify:Joanas Galotta noe pro et noe: No. 5, Block 13, Xatt il-Palm, Baħar iċ-Ċagħaq, Naxxar NXR 5181.
Villa Four Winds, Victoria Lines, Baħar iċ-Ċagħaq, Naxxar.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 860
860By a decree of the Small Claims Tribunal, of the 29th April, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C 22334), of Triq Fra Diego, Marsa MRS 1501,filed a Claim on the 18th September, 2013 whereby they asked the Tribunal to condemn Joseph James Sammut (ID 329306L), of 20, Vicky, Flat 6, Triq Willie Arena, Gżira,to pay the plaintiff company the sum of€643.72, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 545/13KPS) is deferred for the 17th June, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 861
861By a decree of the 23rd May, 2014 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Debono Used Cars Ltd on the 22nd May, 2014 the approval of the said judicial acts is being demanded for the amount of €4,000 following judicial Sale by Auction 9/14 in the names Debono Used Cars Ltd vs Mario Grixti et, held under the Authority of the said Court on the 21st May, 2014.
According to Article 338 (2) of Chapter 12:Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation, and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 862
862By a decree of the Court of Magistrates (Malta), of the 14th May, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Francis Galea ofFrancis Service Station, 400/406, Triq Ħaż-Żabbar, Fgura, filed a Claim on the 23rd October, 2013 whereby he asked the Court to condemn Andrew Buhagiar (ID 741958M), and Maria Carmela Buhagiar (ID 632559M), of 52, Triq Hurds Bank, Marsaskala,to pay the plaintiffthe sum of €7,700 which amount is due to the plaintiff.
With costs andlegal interests.
The case (Notice Number 335/13CSH) is deferred for the 18th June, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 863
863By means of a decree given by the First Hall Civil Court, on the 5th May, 2014 in the records of the Sworn Application, in the names F.A. Limitedvs Photo Play Malta Limited, the following publication was ordered for the purpose of service of the respondent company in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names F.A. Limited (C 38734) vs Photo Play Malta Limited (C 43358), and Charles Baldacchino (ID 344569M) and Giuseppe Mosciaro (Italian IDAK5673580),on the 8th May, 2012 theapplicant F.A. Limited asked the defendants to state why this Honourable Court should not:
Declare and decide that the defendants or either of whom were in delay in the payments to the plaintiff company ...omissis... that the lease agreement of the 18th March, 2009 is to be considered terminated, declare and decide that the defendants or either of whom are responsible for the debt due to the plaintiff company in the amount of €5,433.65 and uphold the other demands in the application.
With costs and commercial interests according to law till the date of effective payment against the defendants summoned so that a reference to their evidence be made.
By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Tuesday, 22nd May, 2012 the cause Application Number 451/12 JZM, in the names F.A. Limited vs Photo Play Malta Limited et, wasappointed for hearing on Thursday, 28th June, 2012 at 9.00 a.m. and subsequently deferred and now deferred for the 1st July, 2014 at 9.00 a.m.
Service Defendant: Photo Play Malta Ltd, Casa Italia, Labour Road, Żabbar.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 864
864By means of a decree given by the First Hall Civil Court, on the 27th May, 2014 in the records of the Sworn Application, in the names Mark Zammit vs Marco Aquilina, Sworn Application number 139/14 SM, the following publicationwas ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Mark Zammit (ID 224485M) carrying on trade under the name Zammeats vs Marco Aquilina (ID 105069M), on the 14th February, 2014 theapplicant Mark Zammit asked this Honourable Court for the reasons premised:
To condemn the respondent to pay the sum of thirteen thousand six hundred twenty-eight Euro and thirty-one cents (€13,628.31), balance due by him as forthe sale, supply and delivery of food products intended for use and consumption in the restaurant previously known as ‘I Fratelli’ which is situated at the Valletta Waterfront, Ix-Xatt ta’ Pinto, Valletta, which balance was not paid after various demands, and condemn the respondent to pay the legal interests as demanded.
With costs against the defendant summoned so that a reference to his evidence be made.
The Sworn Application in the names Mark Zammit vs Marco Aquilina, application number 139/14 SM, has been deferred for hearing to the 27th June, 2014 at 9.00 a.m.
Applicant: Zammeats, Giuseppe Calleja Street, Swatar, Msida.
Defendant; Rainbow Mix Concrete, Wied Inċita, Rabat Road, Attard.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 865
865By a decree of the 12th September, 2013 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by HSBC Bank Malta plc on the 3rd April, 2014 the approval of the said judicial acts is being demanded for the amount of following €66,000.00 judicial Sale by Auction 12/13 in the names HSBC Bank Malta plc vs Marco Holdings Ltd, held under the Authority of the said Court on the 27th March, 2014.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation, and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 866
866By means of a decree given by the First Hall Civil Court, on the 8th May, 2014 in the records of the Sworn Application, in the names Attard Bros. Co. Ltd (C 3599) vs Muscat Emanuel et, Sworn Application number 1173/13 LSO, the following publication was ordered for the purpose of service of the defendant Emanuel Muscat in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Attard Bros. Co. Ltd (C 3599) vs Emanuel Muscat (ID 664930M) and Dr Simon Micallef Stafrace and PL Nicholette Aqulina, who by decree of the 7th February, 2014 were appointed curators to represent the vacant inheritance of the deceased Domenica Muscat (ID 480223M),on the 6th December, 2013 the applicant company Attard Bros. Co. Ltd asked this Honourable Court:
Saving if necessary that it be declared that the said land belongs to the plaintiff company, declarethat the defendants have no right or title on a portion of the said field, Ta’ Fomm il-Ġir, in Żebbiegħ, limits of Imġarr, and order the same defendants so that within a short and peremptory period fixed to them by this Honourable Court, they vacateall the surroundings of the said field, Ta’ Fomm il-Ġir, in Żebbiegħ, limits of Imġarr.
With costs against the defendants summoned so that a reference to their evidence be made.
Applicant company: Mikesand, Żona Industrijali, Ta’ Qali, ATD 4000.
Respondents: Emanuel Muscat, 1, ‘Willann’, Triq il-Ġanfra, Mġarr.
The Sworn Application in the names Attard Bros Co. Ltd (C 3599) vs Muscat Emanuel et, application number 1173/13 LSO, has been deferred for hearing to the 10th July, 2014 at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 867
867By a decree of the Small Claims Tribunal, of the 4th March, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 20th September, 2013 whereby they asked the Tribunal to condemn David Lancaster (ID 57870A), of JoeKate, Flat 3, Triq l-Iskuna, San Pawl il-Baħar,to pay the plaintiff company the sum of €2,277.87 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 568/13GB) is deferred for the 20th June, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 868
868By a decree of the Small Claims Tribunal, of the 11th April, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 12th February, 2014 whereby they asked the Tribunal to condemn Charmaine Cassar(ID 465777M), of Flat 8, Bieb B, Telgħet Raħal Ġdid, Raħal Ġdid, to pay the plaintiff company the sum of€403.77, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 96/14GB) is deferred for the 20th June, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 869
869By a decree of the Small Claims Tribunal, of the 7th March, 2014 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C 24655), ofTriq Fra Diego, Marsa MRS 1501, filed a Claim on the 24th January, 2014 whereby they asked the Tribunal to condemn Manuel Giordimaina (ID 840244M), of 37, Triq is-Suq, Floriana,to pay the plaintiff company the sum of €1,588.69 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 36/14GB) is deferred for the 20th June, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 870
870NOTICE
In the First Hall of the Civil Court
In the records of Judicial Sale by Auction number 10/06 in the names, HSBC Bank Malta plc vs Anthony, sive Antoine Vassallo et
Honourable Mr Justice Dr Mark Chetcuti LLD
The Court
Following the adjudication of Thursday, 6th December, 2012 in favour of Gualato Vincenzo Antonio, for the price of €1,900,000 for the hereunder mentioned tenement belonging to Anthony, sive Antoine Vassallo, u Antonia, sive Ninette Vassallo mentioned in the same judicial acts namely:
The farm named ‘Ring Leader’, with its accessories and surrounding land known as ‘Tal-Ħakem’, sive ‘Ta’ Kola tal-Bagħli’, in the limits of ta’ Ballura, Dingli, measuring approximately five thousand and thirty square metres (5,030 square metres), with its facade on the street known as Triq tal-Konfettier, Dingli, free and unencumbered, with all its rights and enjoyments, valued at three million, four hundred and fifty thousand Euro (€3,450,000).
Whereas in statutory time given by law, Gualato Vincenzo Antonio (Italian ID AN7310791) has not deposited the bid in the amount of €1,900,000 for the property mentioned above.
Seen the application of the HSBC Bank Malta plc of the 17th January, 2013.
The Court therefore decrees and appoints Tuesday, 14th October, 2014 from nine (9.00 a.m.) to noon (12.00 p.m.), for the final Sale by Auction and Adjudication of the afore mentioned property, which sale is to be held on the first floor of these Courts of Justice, Republic Street, Valletta.
The Court hereby orders that a copy of this decree be served on the execution creditor, the execution debtor, the purchaser and the last bidder.
By decrees of 30th May, 2013 and 1st August, 2013 the bidder who participates in the auction shall deposit in the Registry of Court the sum of €10,000 and not least from two days before the action and that can be refunded back if the bidder not acquire the property, but lost if the bidder that acquires the property by auction does not deposit the price within the time established by law.
Judge Mark Chetcuti LLD
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 871
871By means of a decree on the 29th January, 2014 in the records of the judicial letter number 3446/13, in the names United Acceptances Finance Ltd vs Daniela Cauchi et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Daniela Cauchi(ID 171574M), of 2, Alley number 1, Vjal l-Indipendenza, Mosta, and Duncan Peter Mizzi (ID 168075M), of 2, Alley number 1, Vjal l-Indipendenza, Mosta, together in solidumon the 7th November, 2013 United Acceptances Finance Ltd (C 360) of Mizzi House, National Road, Blata l-Bajda, refers to six (6) bills of exchange signed and accepted by you, which bills of exchange lapsedbut were not paid for, copies of this bill of exchange are annexed and marked documents 55 to 60.
The interpellant calls upon so that within two days you pay the sum of €2,896.59 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment, the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourselves.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act, and this in terms of Article 253 Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256 (2) of Cap. 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 872
872By means of a decree given by the First Hall Civil Court, on 21st March, 2014 in the records of the Sworn Application, in the names Bird Imports & Exports Limited (C 40253) vs La Pira Serena, Application number 932/13 AE, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Bird Imports & Exports Limited (C 40253) vs Serena La Pira, daughter of Giovanni and Maria Theresa Sigona, born in Modica, Sicily,and residing in Pozzallo, Sicily, holder of Italian idenity card number AJ 3885554 on the 30th September, 2013 the applicant company Bird Imports & Exports Limited asked this Honourable Court for the reasons premised:
To condemn the respondent Serena La Pira to pay the amount mentioned in the application of one hundred thirty thousand Euro (€130,000) being an acknowledgedamount and admitted as due according to documents A and B and according to the ulterior witnesses that shall be brought forward and heard in the course of the proceedings.
With interest from the date when the amount was admitted as due till the effective payment, and with costs aganst the respondent summoned so that a reference to her evidence be made.
Applicant: Villa Gauci, Mdina Road, Balzan BZN 9031.
Respondents: 8, Poseidon, Triq Eliah Zammit, Paceville l/o St Julians.
The Sworn Application in the names Bird Imports & Exports Limited (C 40253) vs La Pira Serena, application number932/13 AE, has been deferred for hearing to the 24th June, 2014at 8.45 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals