Court Notices published in Govt. Gazette No. 19,373 of 23 January 2015

By means of a decree given on the 13th November, 2014, by the First Hall Civil Court, in the records of the Sworn Application, in the names Max Home Services Limited vs Debattista Mario, application 916/14 LM, the following publication was ordered for the purpose of service of the defendant 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, Max Home Services Limited (C 50194) vs Mario Debattista (ID 738760M), on the 21st October, 2014, the applicant Max Home Services Limited (C 50194), asked this Honourable Court:

To declare and decide that the respondent is a debtor of the administration of the condominium of the block numbered 132, Tower Road, Sliema, which administration is carried out by the applicant company, in the amount of twelve thousand, seven hundred and sixteen Euro and twenty-five cents (€12,716.25), besides legal interests and costs as demanded. The respondent is summoned so that a reference to his evidence be made.

Respondent: 132, Belgravia Court, Flat 7, Triq it-Torri, Sliema.

The Sworn Application in the names, Max Home Services Limited vs Debattista Mario, application number 916/14 LM, has been deferred to the 20th February, 2015, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 12th January, 2015, by the Rent Regulation Board, in the records of the Application, in the names, S.O.C. & K Co. Ltd, vs Haroun Aaron pro et noe, application number 59/14 GG,  the following publication was ordered for the purpose of service of the defendant Haroun Aaron pro et noe 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, S.O.C. & K Co. Ltd (C 8141) vs Aaron Haroun, holder of identity card number 177895M, in his own name, and in his capacity of Director of the company Mdina Group Limited (C 28297), on the 2nd July, 2014, the applicant S.O.C. & K Co. Ltd (C 8141) asked this Honourable Court:

To decide the cause without proceeding to a hearing in terms of Article 16A of Cap. 69 of the Laws of Malta, declare the contract signed between the parties dissolved, order the eviction of the respondent from the premises 293, St Ursola Street, Valletta, and uphold the other demands in the application.

With costs against the respondent summoned so that a reference to his evidence be made.

Notify: Haroun Aaron pro et noe,143, Dar il-Ward, Triq il-Ħemel, Swieqi.

The Application in the names, S.O.C. & K Co. Ltd vs Haroun Aaron pro et noe, application number 59/14 GG has been deferred for hearing to the 12th February, 2015, at 11.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 18th November, 2014, in the records of the Application,  Adv. Nicolai Vella Falzon (ID 114474M), as duly authorised as special mandatary of Deutsche Bank Nederland N.V. vs Bergen Shipping  Limited et, Application number 643/2014 SM, the following publication was ordered for the purpose of service of the companies Skagen Shipping Limited, Hagen Shipping Limited, Ahilleos Maritime Limited, Linden Shipping Limited and Edmond Mugliette noe in terms of Article 187 (3) et. seq. of Cap. 12.

In the First Hall Civil Court

Advocate Dr Nicolai Vella Falzon (ID 114474M), as duly authorised as special mandatary of Deutsche Bank Nederland N.V. (previously NEW HBU 11 N.V.), of De entreè 99-197, 1101 HE Amsterdam Zuidoost, Olanda vs (1) Bergen Shipping Limited (C 31901); (2) Marten Shipping Limited (C 27390); (3) Skagen Shipping Limited (C 22480); (4) Hagen Shipping Limited (C 43282); (5) Linden Shipping Limited (C 34552); (6) Norden Shipping Limited (C 31899); (7) Vengen Shipping Limited (C 31897); (8) Ahilleos Maritime Limited (C 22449), all of 126, Atocia Street, Ħamrun, and (9) Edmond Mugliette (ID 661762M), of 126, Atocia Street, Ħamrun, as curator on behalf and in representation of the foreign company Aspen Maritime Investment Inc., a company registered in the Marshall Islands with an official address, The Trust Complex, Ajeltake Road, Ajeltake Island MH 96960, Marshall Islands.

Application of Adv Dr Nicolai Vella Falzon nomine.

Respectfully pleads:

That the interpellant is duly authorised to present this application in the name and in representation of the applicant Bank Deutsche Bank Nederland N.V. by means of a power of attorney issued and signed in his favour on the 4th June, 2014, a copy of which is hereby attached and marked ‘Doc. DB1’.

That this application is being made in terms of Regulation 17 et. sequitur of the Rules Regarding the Practice and Procedure of Courts and Good Order  (L.S. 12.09), and of the Council Regulations (KE) number 44/2001, of the 22nd December, 2000, regarding jurisdiction and recognition and execution of judgements in civil and commercial matters.

That by means of a judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014 (an official copy and translation in the English language hereby annexed and marked (Doc. DB2), the applicant Bank was confirmed a creditor of the respondents in solidum in the amount of twenty-two million, one hundred sixty-one thousand, nine hundred thirty-eight American Dollars (USD 22,161,938), besides annual compound interest at a three month rate LIBOR + 4.25% + 3%, calculated from the 15th March, 2014, till the date of effective payment, as well as the amount of twenty-one thousand, three hundred and five American Dollars (USD 21,305), together with annual compound interest at a three month rate EURIBOR + 4.25% + 3%, calculated from the 15th March, 2014, till the date of effective payment, as well as the costs of the cause in the same names in the amount of one thousand five hundred and one Euro and fifty-two cents (€1,501.52).

That for the purposes of Regulation number 44/2001 KE, (namely Article 54 and 55 of the same Regulation), the interpellant nomine is exhibiting with this application the certificate mentioned in the Annex V of Regulation number 44/2001/KE, regarding a judgement of the District Court of Rotterdam, dated 24th June, 2014 (Doc. DB3).

That in terms of Article 32 of the Regulation number 44/2001/KE, the judgement mentioned is to be recognised and should be executable in Malta without the necessity of a special procedure, and should be declared executable immediately on the completion of the formalities in Article 53 of the same European Regulation, and namely as soon as a party presents an application like the present one, and produces a copy of the order or decision as annexed with this application.

That the applicant has an interest to execute the judgement mentioned against the respondents or either of whom in Malta.

Thus and for the reasons above premised, the interpellant nomine prays with respect that this Honourable Court orders the execution in Malta of the judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014, and authorise the same applicant nomine to execute the same against the respondents or either of whom with the all faculties and rights that Maltese Law grants for the execution of judgements in Malta.

With all costs including those of this application against the respondents.

List of Documents.

Doc. DB1. A copy of the power of attorney dated 4th June, 2014.

Doc. DB2. An official copy and translation to the English language of the judgement of the District Court of Rotterdam (Rotterdam District Court), given on the 24th June, 2014.

Doc. DB3. Annex V of the Regulation number 44/2001/KE, regarding the judgement of the District Court of Rotterdam,  dated 24th June, 2014.

Service: Skagen Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.

Hagen Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.

Ahilleos Maritime Limited, The Rose Cottage, Karm Galea Street, Birkirkara.

Linden Shipping Limited, The Rose Cottage, Karm Galea Street, Birkirkara.

Edmond Mugliette noe, The Rose Cottage, Karm Galea Street, Birkirkara.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a judgement given by the Civil Court First Hall, on the 21st November, 2014, on the Application number 647/1998 AE, in the names Michael Lungaro et vs Salvino Lungaro et, Tuesday, 3rd February, 2015, at half past ten in the morning,  has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta,  of the following property:

The tenement ‘Jampson’, number twenty-two (22), in Triq Antonio Micallef, Żejtun, valued at two hundred and twenty-two thousand and hundred Euro (€222,100).

The said tenement is the property of Michael, Emanuel, Salvino, Paul and Anthony, brothers Lungaro.

N.B. The said tenement will be sold as described in the judgement given on the 27th January, 2014, and in the acts of file number 3/14.

MARVIC FARRUGIA

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 5th December, 2014, in the records of the Sworn Application, in the names Azzopardi Ian vs Cassar AND Schembri  (Marketing) Limited, application number 1036/14 LM, the following publication was ordered for the purpose of service of the defendant 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 records of the Judicial Letter number 3515/14, in the names Ian Azzopardi (ID 174457M) vs Cassar and Schembri (Marketing) Limited (C 33174), on the 17th November, 2014, the applicant company Cassar and Schembri (Marketing) Limited (C 33174) respectfully pleaded:

That the applicant company received the above cited judicial letter whereby the plaintiff is trying to acquire an executive title against it in virtue of two bills of exchange attached with the same letter in the amounts of €51,730 and €106,460 globally in the amount of €158.190, which bills of exchange matured on the 23rd May, 2014 and 20th June, 2014.

That the applicant company is contesting the execution of the said bills of exchange in view of the fact that there exist serious and valid reasons for such opposition in terms of Article 253 (e) of Cap. 12 of the Laws of Malta, and this as shall be indicated hereunder:

(a) In the first place, the applicant company is doubting the veracity and the validity of these bills of exchange because as far as the representative is aware it never knew about these bills of exchange.

(b) That without prejudice to the above, this same company has no clue as to who can represent the amounts demanded from it.

(c) That furthermore, the applicant company is not in a position to ascertain itself regarding the signature on the same bill of exchange, and there is a huge possibility that the signatures on these bills of exchange are not of a representative of Cassar and Schembri (Marketing) Limited.

Thus, the applicant company prays with respect that this Honourable Court for the reason or reasons premised suspends the execution of these bills of exchange in toto, and this in terms of Article 253 (e) of Cap. 12 of the Laws of Malta, and this under any provisions it deems opportune.

Service: 39, Flat 8, Triq Sir Luigi Camilleri, Sliema.

The Sworn Application in the names Azzopardi Ian vs Cassar AND Schembri (Marketing) Limited, application number 1036/14 LM, has been deferred to the 30th January, 2015, at 11.45 p.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 14th January, 2015, following a request of HSBC Bank plc, it was ordered  that deputy curators be chosen to represent  the unknown owners of the premises number 50, Triq it-Tarzna, Paola, in the records of the Schedule of Redemption of Groundrent with number 51/2015, in the names HSBC Bank Malta plc vs  Deputy Curators, and in the relative and subsequent acts.

By means of a Schedule of Deposit and Contextual Redemption of Groundrent filed in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Deputy Curators appointed to represent the unknown owners of the directum dominium of the premises number 50, in Triq it-Tarzna, Paola, on the 14th January, 2015, the interpellants HSBC Bank Malta plc respectfully pleaded:

That the interpellants possess the premises number 50, Triq it-Tarzna, Paola.

That the said premises is subject to the annual and perpetual groundrent of €1.57.

That the interpellants want to redeem this groundrent, and are thus availing themselves of the faculty given by Article 1501 of the  Civil Code, Chapter 16 of the Laws of Malta, and redeem this groundrent by depositing the sum of €31.40 which represents the said groundrent capitalised at 5%, and the sum of €7.85 arrears of groundrent for these last five years, and 1.57 representing laudemium, in all €40.82 so that this sum be freely given to the  respondents after the due receipt according to law is left.

Notify: (1) Respondents: Deputy Curators.

(2) Director Public Registry (2 services), Triq il-Merkanti, 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 should 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. Mr Justice Joseph Zammit Mckeon  LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 7th November, 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  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 18th August, 2014, whereby they asked the Tribunal to condemn Diana Dybkaer (ID 54298A), of  134, Flat 2, Triq Spinola, San Ġiljan, to pay the plaintiff company the sum of  €405.49, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 561/14GB) is deferred for the 30th January, 2015 at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 7th November, 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  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 18th August, 2014, whereby they asked the Tribunal to condemn Mervis Francis Cerolyn (ID 35982A), of  Carolyna, Block 2, Unit 1, Triq il-Ġiżimin, Swieqi, to pay the plaintiff company the sum of  €764.14, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 573/14GB) is deferred for the 30th January, 2015 at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 7th November, 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), of  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 18th August, 2014, whereby they asked the Tribunal to condemn Flood Lindberg Jan Lennart Robin (ID 79849A), of  Bayside Lodge, Flat 3, Triq Ross, San Ġiljan, to pay the plaintiff company the sum of  €2,039.17 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 567/14GB) is deferred for the 30th January, 2015 at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 15th January, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Aaron M. Bugeja LLD), Compilation number 692/2014 in the case:

The Police

(Inspector Sylvana Briffa)

Versus:

HARISH DASWANI, 38 years, Self-Employed, son of Bhagwan and Pushpa née Mahtani, born in St Julians, Malta, on the 30th September, 1975, residing at number 40, Dingli Court, Flat 4, Sir Adrian Dingli Street, Sliema, Malta, and holder of Maltese identity card bearing number 484875M.

ORDERED the attachment in the hands of third parties in general of all monies and other movable property due to, or pertaining, or belonging to Harish Daswani, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 5 of Chapter 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A (2) of Chapter 9 of the Laws of Malta limitedly for the sum of nine thousand, six hundred twenty-three Euro and fourteen cents (€9,623.14) contained in savings bank account number 2000055844-9 issued by APS Bank Limited.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 20th January, 2015, following a request of Gonzalo Jose Gomez Perez noe, it was ordered that deputy curators be chosen to represent Warren David Baker and Jon Eric Effinger, in the records of the Garnishee Order with number 81/2015, in the names, Gonzalo Jose Gomez Perez vs Red Baron Corporation Limited and Deputy Curators, and in the relative and subsequent act.

By means of a Garnishee Order  filed in the First Hall Civil Court, in the names (Creditor) Gonzalo Jose Gomez Perez as mandatary of the foreign company Catapult Holding Inc vs (Debtor) 1. Red Baron Corporation Limited (C 51736); 2. Deputy Curators to represent on the 19th January, 2015, the applicant Gonzalo Jose Gomez Perez noe, Residence Document MT 1455431, asked this Honourable Court  to order the issuing of a garnishee order in the hands of the garnishee or garnishees as mentioned hereunder against the debtor for the undermentioned credit and for the costs of this procedure  in security of the credit hereunder indicated, and in execution of the executive title hereunder mentioned.

Credit: Capital of Four hundred thousand four hundred sixty-two American Dollars and twenty nine cents (US Dollar 401,462.29c).

Interest Reserved.

 Costs Reserved.

Title: Sum due to the applicant noe representing money of the same applicant noe unduly held and misappropriated by the respondent without any justification or by fraud.

Garnishees: 1. HSBC Bank Malta plc, Valletta.

...........omissis...........

15. Deutsche Bank (Malta) Ltd, 1E, Forni, 2nd Floor, Pinto Wharf, Valletta Waterfront, Floriana.   

Sgd. Dr Damien Degiorgio.

 Confirmed under oath before me after I read its contents, and in the presence of as witness of identity and presented by myself.

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 should 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. Mr Justice Joseph R. Micallef  LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 14th October, 2014, in the records of the Sworn Application, in the names Sacco Mary Magdalene, sive Madeline vs Sacco Eric, application  number 706/14 LSO, the following publication was ordered for the purpose of service of the respondent Eric Sacco 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 Mary Magdalene, sive Madeline Sacco (ID 55666M) vs Eric Sacco (ID 304164M), on the 8th August, 2014, the applicant Mary Magdalene, sive Madeline Sacco (ID 55666M), asked this Honourable Court:

To declare that the premises indicated in the application, or premises with the name ‘Ysatis’, number one hundred ninety-three (193), in Triq Ġużè Ellul Mercer, Swatar, Imsida, is not easily divisible without obstacles and damage between the parties in their respective shares, and if necessary with the appointment of Architects, and  uphold the other demands in  the application.

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

Applicant: Mary Magdalene, sive Madeline Sacco, ‘Peter’, Triq il-Kosbor, Żebbuġ.

Respondent: Eric Sacco, 193, Ġużè Ellul Mercer Street, Swatar, Imsida.

The Sworn Application in the names Sacco Mary Magdelene, sive Madeline vs Sacco Eric, application number 706/14 LSO, has been deferred for hearing to the 27th January, 2015, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals