Notice 455
455
By means of a decree of the 15th December, 2014, of the Civil Court First Hall, in the records of judicial letter number 1867/14, in the names Olivia Mallia vs Walter Gialanze,the following publication was ordered for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Walter Gialanze (ID 616744M), of 103, Flat 1, Seychell Buildings, Triq il-Wilġa, Ħal Luqa.
By the present, Olivia Mallia (ID 400479M), of33, Olsil, Triq Bieb il-Ġarra, Ħal Safi, whilst making reference to the contract dated 11th April, 2013, in the records of Notary Dr Carmel Mangion, informs you that the contractual obbligation as undertaken by you in the aforementioned contract has not been complied with by you, and this in particular with respect to your obligation to compensate the applicant the sum of €180,000 representing the amount the applicant will be made to pay to HSBC Bank Malta plc, as better described in the contract here attached and marked as Doc. OM.
The applicant has already been solicited by HSBC Bank plc by means of a judicial letter to pay the amount of €180,000.
Accordingly, if within two (2) days from when you receive this judicial act you do not pay the applicant, the sum of €180,000 at eight per cent (8%) interest as due in terms of the same notarial act here attached and marked as Doc. OM, she will proceed further against you without further notice to be able to honour the solicitation she has received.
This judicial letter is being made in terms of Article 889 of Cap. 12 of the Laws of Malta, and in addition, it should serve the purpose of rendering the same notarial act an executive title.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
06 March 2015
Notice 456
456
By means of a decree of the 18th April, 2013, of the Civil Court First Hall, in the records of judicial letter number 564/13, in the names Commissioner of Revenue vs Dimbros Limited,the following publication for the purpose of service of the respondent company was ordered in terms of Article 187 (5) of Cap. 12.
In the First Hall of the Civil Court
To: Dimbros Limited (C 32506), of Our Nest, Triq l-Indipendenza, Ħaż-Żebbuġ.
By the present, the Commissioner of Revenue, of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €2,942,638.60 representing amount due by you as value added tax according to the same Act.
With costs and further interest according to the said Act XXIII of 1998 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 executable the executive title which the same Commissioner of Revenue has against you by means of notice sent to you.
In default, the interpellant warns you that he shall pass to execute the said executive title he has against youby 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
06 March 2015
Bann for Curators
457
Republic of Malta
To The Marshall of the Court
Whereas by a decree of the 3rd March, 2015, following a request of Hyperion Aviation Limited, it was ordered that Deputy Curators be chosen to represent the foreign company Festin Management Corp, of MG Trust in Virgin Islands, in the records of the Warrant of Arrest in security of an aircraft with number 358/2015, in the names Hyperion Aviation Limited vs Deputy Curators, and in the relative and subsequent acts.
By means of a Warrant of Arrest of an Aircraft in security of the debt or other claim, filed in the First Hall Civil Court, in the names (Applicant) Hyperion Aviation Limited (C 53923) vs (Respondent) Deputy Curators to represent the foreign company Festin Management Corp, of MMG Trust (BV1) Corp. Pasea Estate, PO Box 958, Road Town, Tortola, British Virgin Islands, on the 2nd March, 2015, the applicant Hyperion Aviation Limited respectfully pleaded and Eric Weisskopf confirmed:
That the applicant seeks to safeguard a debt or a claim, whether in personam or in rem, which could be frustrated by the departure of the aircraft indicated in this warrant.
That the claim or debt is the following:
€769,289.18 seven hundred and sixty-nine thousand, two hundred and eighty-nine Euro and eighteen cents representing amounts due to plaintiff company for the operation and maintenance of the aircraft mentioned hereunder, together with fees due to plaintiff company in terms of the Operations Management Agreement which was concluded between the parties on the 1st February, 2014, excluding legal interest and legal costs.
That the details of the said aircraft are the following:
Name: Bombardier BD-700-1A10
Identification details of the aircraft
1. Manufacturer: Bombardier Aerospace
2. Model/Manufacturer’s Designation: BD-700-1A10
3. Manufacturer’s Serial Number: (MSN)-9086
4. Registration Mark: 9H-STM
Place where the said aircraft is to be found: DC Aviation Limited, Malta International Airport, Ħal Luqa
Authority: Malta Transport Authority
That by the departure of the said aircraft from Malta, the debt or claim of the applicant may be evaded.
Therefore, the applicant respectfully requests that this Court orders the issue of a Warrant of Arrest of an Aircraft against the said aircraft for the herein mentioned credit and for the costs of this procedure.
Applicant: Hyperion Aviation Limited (C 53293), Skyparks Business Centre, Malta International Airport, Ħal Luqa 4000.
Respondent: Deputy Curators to represent the foreign company Festin Management Corp, of MMG Trus (BV1) Corp, Pasea Estate, PO Box 958, Road Town Tortola, British Virgin Islands.
Service: 1. Transport Malta, Malta Transport Centre, Marsa.
2. Civil Aviation Directorate, Luqa Airport, Ħal Luqa LQA 3290.
3. Commissioner of Police, General Headquarters, Floriana.
4. Malta International Airport plc, Ħal Luqa.
5. DC Aviation Limited, Level 1, Sky Offices, Departure Hall, Malta International Airport, Ħal Luqa.
6. Deputy Curators.
Execution: The aircraft Bombardier INC BD 700-1A10 with registration mark 9H-STM, colour white with a yellow capricorn on its tail situated at DC Aviation Limited (C 44297) (Park 8, Stand 2) Malta International Airport, Ħal Luqa.
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. Madam Justice Anna Felice, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
09 March 2015
Notice 458
458
By means of a decree given by the Court of Appeal, in the records of the Appeal, in the names Mid-Med Bank Limited vs Powercrete Limited et, application number 1720/98 SM, the following publication was ordered for the service of the respondent Dr Patrick Spiteri in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Appeal Application filed in the Court of Appeal, Writ of Summons Number 1729/98 SM, Mid-Med Bank plc and by note of the 12th October, 1999, the name of the plaintiff Bank became HSBC Bank Malta plc vs the company Powercrete Limited and Alfred Grixti and his wife Monica Grixti, Advocate Patrick Spiteri for any interest he has, and by a decree of the 7th December, 2007, Advocate Dr Richard Sladden and Legal Procurator Victor Bugeja were appointed Deputy Curators to represent the company Powercrete Limited (C 16119), on the 12th December, 2012, the appellants Alfred Grixti and his wife Monica Grixti (ID 753135M) and (ID 310238M), on the 12th December, 2012, respectfully pleaded:
That by means of a writ of summons presented on the 26th August, 1998, the plaintiff Bank premised that it gave on loan to the company Powercrete Limited, the sum of Euro 100,100.16 for which loan Alfred Grixti and Advocate Patrick Spiteri signed on behalf of the company, as the amount due today to the plaintiff Bank in connection with the said loan is of Euro 133, 149.31 according to an annexed statement Doc.’A’, besides further interests from the 21st September, 1997, and because Powercrete Limited was constituted on the 13th April, 1994, with a capital of Euro 1,164.69 divided into five hundred shares Euro 2.33 each which were subscribed by the defendants Alfred Grixti and Advocate Patrick Spiteri, were also the first directors of the same company, and because after the said loan was made it resulted to the applicant Bank that as a fact the same Alfred Grixti and Advocate Patrick Spiteri had subscribed to all the shares in Powercrete Limited, on behalf of a certain Vere Lodder, who was not a person resident in Malta, for the purposes of the Exchange Control Act (Cap. 233 of the Laws of Malta), and because such subscription needed the permision of the Minister of Finance, which permission was never demanded, and because of the fact that all the capital of Powercrete Limited was subscribed by Alfred Grixti and Advocate Patrick Spiteri on behalf of Vere Lodder without the permission of the Minister of Finance, as was required according to the Exchange Control Act, brings about the nullity of the formation of the company Powercrete Limited, and because Alfred Grixti and Advocate Patrick Spiteri are personally responsible for the payment of the loan above mentioned once they signed for the above mentioned loan, and whereas the plaintiff Bank reached an agreement with Advocate Patrick Spiteri, for the payment of half of the amount due to the Bank, and whereas the defendant Alfred Grixti was asked to repay the other half of the balance due, he remained in default.
The defendants are to state why this Honourable Court should not:
(1) decide that the formation of the company Powercrete Limited is null since its entire capital was subscribed by Alfred Grixti and Advocate Patrick Spiteri.
(2) decide that Alfred Grixti and Advocate Patrick Spiteri are personally responsible for the repayment of the supposed loan to Powercrete Limited for the reasons above brought forward.
(3) ...........omissis...........
Saving any other right competent to the applicant Bank.
With interests ...omissis... against the defendants summoned so that a reference to their evidence be made.
That the interpellant Alfred Grixti by a note of pleas presented by him on the 16th February, 1999, pleaded:
That the applicant’s action is irregular because together with him, his wife had to be called into the suit.
That without prejudice to the first plea, the defendant company Powercrete Limited is in a state of liquidation, and is thus to be represented by the liquidator Albert Vella.
That without prejudice to the premised, the applicant’s demands are without a legal and factual basis as results from the same writ of summons, because as results from the same writ of summons, the plaintiff company is declaring that the amount demanded had been lent to the company Powercrete Limited.
That without prejudice to the premised, it is not the case that the shares of Powercrete Limited were subscribed by the interpellants as nominée of Vere Lodder, and this apart from the fact that even if this was the case (which certainly is not the case), this could only be a violation of the Exchange Control and not bring about the nullity of the company.
Saving further pleas.
That Monica, wife of Alfred Grixti, and by note of pleas presented by him on the 12th May, 1999 pleaded.
That the defendant company Powercrete Limited, is in a state of liquidation, and is to be represented by a liquidator.
That without prejudice to the first plea, the applicant’s demands are unfounded in fact and at law because as results from the writ of summons, the applicant company is declaring that the amount demanded had been lent to the company Powercrete Limited and not to the shareholders personally.
That without prejudice to the premised, it is not the case that the shares of Powercrete were subscribed by the shareholders as nominess of Vere Lodder.
Saving further pleas.
That the defendant Patrick Spiteri, by a note of pleas presented by him, on the 23rd February, 1999, pleaded;
(1) That the applicant’s demands are completely unfounded as the interpellant is not personally responsible for the obligations of the company mentioned in the writ of summons.
(2) That the arrangement mentioned in the writ of summons was made without prejudice to the outcome of the cause.
Saving further pleas.
That the First Hall Civil Court, by a judgement given on the 27th November, 2012, decided the cause by whilst upholding the demands of the plaintiff Bank:
(1) declared that the formation of the company Powercrete Limited is null since its whole capital was subscribed by Alfred Grixti and Patrick Spiteri on behalf of a person which is not resident in Malta, a certain Vere Lodder, without the permission of the Minister of Finance, as required by the Exchange Control Act.
(2) declare that the defendants Grixti and Spiteri above indicated are personally responsible for the refund of the above mentioned amount granted on loan to the company Powercrete Limited above indicated.
(3) condemn the defendant Alfred Grixti and his wife Monica Grixti to pay the applicant Bank the sum of Euro 133,151.15.
(4) ...........omissis...........
(5) With costs of this procedure ...omissis... against the defendants Alfred Grixti and Patrick Spiteri, and legal interests involved on the sum indicated against the defendants Alfred and Monica Grixti till the date of effective payment.
That the applicants Alfred Grixti and his wife Monica felt aggrieved by this judgement, and are thus presenting this appeal.
That this procedure is based on the unfounded allegation brought forward in the reasons whereby the applicant company is demanding this Court to declare that the defendant company Powercrete Limited is null because its capital was subscribed by the shareholders Alfred Grixti and Patrick Spiteri, and on behalf a certain Vere Lodder who was a person who was not resident in Malta, without the permission of the Minister of Finance as required by the Exchange Control Act.
That consequently, the shareholders of the said company, namely the said Alfred Grixti and Patrick Spiteri, are personally responsible for the debt of Powercrete Limited.
That the Court of First Instance based its judgement on the gratuitous assetions not based on well founded facts, as well as the incorrect interpretation of laws applicable thereto.
That amongst other reasons, the following reasons milititate against the wrong arguments of the Court.
(1)That it results without a shadow of doubt that the Bank granted on loan the sum of Euro100,100.16 to the defendant company Powercrete Limited without any guarantees.
That this results both from the contract of loan, as well as the proof produced and from the same declaration of the plaintiff company.
(2) That at no moment did the Bank allege that this loan was secured by the shareholders Alfred Grixti and Patrick Spiteri personally.
(3) That the plaintiff Bank when it saw that it could recover this loan came out with the unfounded theory that these shareholders had subscribed all the shares on behalf of a certain Vere Lodder, when he was not resident in Malta, for the purposes of the Exchange Control Act.
(4) The Court of First Instance gratuitously and without reference to any concrete proof declared that it resulted to the plaintiff Bank that the defendants Grixti and Spiteri had subscribed all the shares on behalf of Vere Lodder.
(5) ...........omissis...........
6) This allegation according to the Bank means that the shareholders were ‘nominées’ of Vere Lodder, and was made without the authorisation according to Art. 6 of the Exchange Control Act.
That consequently according to the Bank, this brings about the nullity of the company Powercrete Limited.
That Article 17 of Cap. 233 provides:
(1) ‘Except with the permission of the Minister, no person shall in Malta issue any security, or do any act which involves...omissis... for whom he is to be a nominée is a non resident’.
(2) ‘The subscription by a non-resident or by a resident as a nominée for non-resident of the memorandum of association of a company to be formed under the law of Malta ...omissis... be invalid in so far as it would have the effect of making him a member or a shareholder of the Company’.
Provided that this subsection shall not of itself render invalid the formation of the company.
(7) That even if it was true that these were nominées of Vere Lodder (which is certainly not the case), this alleged failure on the part of the defendant company could never bring about the nullity of the plaintiff company.
(8) That the declaration of the Court of First Instance that Alfred Grixti and Patrick Spiteri should never have asked permission of the Exchange Control Division is completely gratuitous and fallacious for the simple reason that they were never nominées of Vere Lodder.
(9) The shares were subscribed by Alfred Grixti and Patrick Spiteri personally and registered in their name and paid by them, and thus the necessary permission was not required.
(10) Furthermore, the company Powercrete Limited was duly registered according to law as confirmed by the same witnesses brought forward by the applicant company.
(11) ...........omissis...........
(12) ............omissis...........
(13) That on this alone, the applicant’s action cannot be legally upheld according to law.
(14) ...........omissis............
(15) That the fallacious arguments of the Court of First Instance, that Alfred Grixti and Patrick Spiteri shareholders of the applicant company, are personally responsible for the payment of loan to Powercrete are without any basis and a ‘non sequitur’.
(16) ...........omissis...........
(17) That as regards the facts which show that the applicant’s demands cannot be upheld and the arguments and conclusions of the Court of First Instance without any legal and factual basis, the applicants briefly point out the following facts:
(a) ...........omissis...........
(b) ...........omissis...........
(c) ...........omissis...........
(d) ...........omissis...........
(e) That the loan was used by the defendant company to purchase the machinery from England for the production of light concrete, and the money was deposited in an account of the same Mid Med overseas as declared by the same witness of the Bank Manwel Magro during the sitting of the 24th April, 2003.
The Court completely ignored this evidence, and declared that the amount granted on loan to the defendants was never used for the purpose originally stated by them. The opposite results.
(f) ...........omissis...........
(g) ...........omissis...........
(h) ...........omissis...........
In fact, the same Patrick Spiteri in his note of pleas declared that the arrangement mentioned in the writ of summons was made without prejudice to the outcome of the cause.
In any case that declared by Patrick Spiteri, should not prejudice the position of Alfred Grixti.
...........omissis...........
That in conclusion, the applicants submit that from an asccurate and analitical analysis of the proof produced and the law on the matter, it should result that the applicant’s demands cannot be upheld legally and factually and should be rejected.
Thus, the applicants whilst producing the undermentioned security to guarantee the costs of the appeal ...omissis... pray that the judgement given by the First Hall Civil Court, on the 27th November, 2012, in the cause above premised be revoked by upholding the appellants’ pleas and reject the demands of the applicant company.
Appellant: 143/12, Tower Road, Sliema.
Services: 1. ...........omissis...........
2. Adv. Patrick Spiteri, 185, Main Street, Ħal Balzan.
3. ...........omissis...........
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
10 March 2015
Notice 459
459
By a decree of the Court of Magistrates (Malta), of the 4th March, 2015, 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).
Bank of Valletta plc (C 2833), of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, filed a Claim, on the 17th December, 2014, whereby they asked the Court to condemn Franco Muscat (ID 451876M), of 23, Triq il-Miratur, Birgu, and Raina Iris Muscat to pay the plaintiff company the sum of €8,750.46 which amount is due to the plaintiff company.
With costs and interests.
The case (Notice Number 408/14CSH) is deferred for the 18th March, 2015 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
11 March 2015
Notice 460
460
By means of a decree given by the First Hall Civil Court, on the 9th March, 2015, in the records of the Application, in the names Bank of Valletta plc vs Mixer Limited et, application number 146/15 LM, the following publication was ordered for the purpose of service of the respondent companies Mixer Limited and Mixer Concrete Works Limited in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Bank of Valletta plc (C 2833) vs 1. Mixer Limited (C 9942), and 2. Mixer Concrete Works Limited (C 17858), on the 17th February, 2015, the company Bank of Valletta plc respectfully pleaded:
That by means of a judgement given by this Honourable Court, on the 28th February, 2002, in the names Bank of Valletta plc vs Mixer Limited and Mixer Concrete Works Limited(Writ of Summons number 1407/2000 JRM) (Doc.A), the interpellant company was declared a creditor of Mixer Limited and Mixer Concrete Works Limited, in the sum of two million, two hundred thirty-three thousand, two hundred thirty-three Euro and one cent (€2,233,233.01) (equivalent to Lm958,725.93), together with costs and further interest, from the 1st April, 2000, till the day of effective payment.
That more than ten (10) years lapsed from when the judgement above mentioned could have been executed, and the debts of the respondents has not been paid, and thus this application had to be made.
That the debt of the respondents today amounts to four million, eight hundred forty thousand, two hundred eighty- eight Euro and eighty-six cents (€4,840.288.86), together with costs and further interests from the 19th December, 2014, till the day of effective payment (Doc. B1 to B2).
Thus, the applicant company humbly prays that it be authorised by this Honourable Court to execute the judgement given by this Honourable Court, on the 28th February, 2002, in the names Bank of Valletta plc vs Mixer Limited and Mixer Concrete Works Limited (Writ of Summons number 1407/2000 JRM) (Doc. A), with costs of this instance against the respondents.
Applicant: Bank of Valletta plc, 1/5, Misraħ San Ġorġ, Valletta.
Respondents: 1. Mixer Limited, Emma House, Imdina Road, Ħaż-Żebbuġ.
2. Mixer Concrete Works Limited, Emma House, Imdina Road, Ħaż-Żebbuġ.
The Application in the names Bank of Valletta plc vs Mixer Limited et, application number 146/15 LM, has been deferred for hearing to Wednesday, 18th March, 2015, at 10.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
11 March 2015
Notice 461
461
By means of a decree given on the 12th January, 2015, by the First Hall Civil Court, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Dr Yana Micallef Stafrace noe et, application number 908/14 LM, the following publication was ordered for the purpose of service of the defendants 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 Bank of Valletta plc (C 2833) vs Dr Yana Micallef Stafrace and PL Pauline Mallia, who by a decree of the 18th November, 2014, were appointed Deputy Curators to represent the company Speedy Station Limited (C 23960), and 2. Costantino and Monica, spouses Balzan, (ID numbers 607952M and 577255M), on the 17th October, 2014, applicant Bank of Valletta plc (C 2833), asked the defendants to state why this Honourable Court should not:
Declare and decide that there occured one or more of the events mentioned in the contract or writings mentioned in the application, condemn the Deputy Curators appointed to represent the company Speedy Station Limited to pay the plaintiff company, the sum of one hundred fifty-one thousand, eight hundred twenty-five Euro and seventy-seven cents (€151,825.77), balance of debt in the Loan and Overdraft Accounts of the company Speedy Station Limited with the Bank of Valletta plc, together with further interests, from the 17th July, 2014, till the date of effective payment, and condemn the defendants Costantino and Monica, spouses Balzan, to pay together and in solidum between them to the plaintiff company, the sum of ninety-seven thousand, eight hundred thirty-four Euro (€97,834), balance of a larger sum for the debt in the Loan and Overdraft Accounts of the company Speedy Station Limited with the Bank of Valletta plc, together with further interest, from the 1st October, 2010, till the date of effective payment.
With costs as demanded against the defendants summoned so that a reference to their evidence be made.
Notify Defendants:
1. Deputy Curators nomine, Chamber of Advocates, Superior Courts, Valletta.
2. Costantino and Monica, spouses Balzan, Cosnica, Triq Wied Mejxu, Swieqi.
The Sworn Application in the names Bank of Valletta plc (C 2833) vs Dr Yana Micallef Stafrace noe et, application number 908/14 LM, has been deferred for hearing to the 24th March, 2015, at 9.00 a.m.
Avv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
11 March 2015
Notice 462
462
By a decree of the Small Claims Tribunal, of the 9th March, 2015, 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).
Dr Carol Peralta, LLD, (ID 661152M), of 23, Mesquita Square, Imdina, filed a Claim, on the 12th February, 2015, whereby he asked the Tribunal to condemn Emil Thidell (ID 0061985A), of 9, Mirage House, Flat 14, Triq Għar il-Lembi, Tas-Sliema,to pay the plaintiff the sum of €2,078.85 which amount is due to the plaintiff.
With costs and legal interests.
The case (Claim Number 119/15DMA) is deferred for the 24th March, 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
12 March 2015
Notice 463
463
By a decree of the Small Claims Tribunal, of the 9th March, 2015, 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).
Gerard Ludtke (ID 0043165A), as Chairman, and Annette Scerri (ID 25062M), as Secretary of the Association, of Saint Angelo Mansions Owners (ASAMO), of Apt. 1012, St Angelo Mansions, Vittoriosa Marina, Vittoriosa, filed a Claim, on the 13th January, 2015, whereby they asked the Tribunal to condemn Ryan Schembri (ID 450878M), ofSebħa, No. 2, Triq il-Kortin, Mellieħa, to pay the plaintiffs, the sum of€1,340 which amount is due to the plaintiffs.
With costs and interests.
The case (Claim Number 28/15GB) is deferred for the 27th March, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
12 March 2015
Notice 464
464
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th November, 2014, Application number 1107/2014 by Pauline Cini, Maria Casha, daughter of the late Clemente Baldacchino and Michelina née Agius, born on the 4th March, 1932, holding identity card number 208132(M), was Interdicted by means of a decree given on the 19th February, 2015.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
12 March 2015
Notice 465
465
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th July, 2014, Application number 706/2014 by Theresa Spiteri, Giovanni Spiteri, son of Giorgio Spiteri and Michelina née Caruana, born in Ħamrun, on the 24th July, 1922, holding identity card number 459022(M), was Interdicted by means of a decree given on the 12th February, 2015.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
12 March 2015
Notice 466
466
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th September, 2014, Application number 823/2014 by Giulia Agius et, Francesca Attard, daughter of Giovanni Micallef and Filippa née Vella, born in Ħaż-Żebbuġ, on the 19th February, 1929, holding identity card number 183829(M), was Interdicted by means of a decree given on the 16th January, 2015.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
12 March 2015
Notice 467
467
By means of a decree given by the First Hall Civil Court, on the 11th February, 2015, in the records of the Application, in the names Micallef Raymond et vs Thirteen Four Investments Limited, application number 27/15 LM, the following publication was ordered for the purpose of service of the defendants in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Raymond Micallef (ID 191161M), and his wife, Maria Carmela Micallef (ID 558362M) vs Thirteen Four Investments Limited (C 17268), on the 13th January, 2015, the applicants Raymond Micallef (ID 191161M), and his wife, Maria Carmela Micallef (ID 558362M), respectfully pleaded, and Raymond Micallef confirmed under oath:
That the applicants and the respondent company had formed a contract of constitution of debt, dated 8th August, 2006, in the records of Notary Christine Abela, attached whereby the respondent company constituted itself a true, certain and liquid debtor of the applicant in the sum of €36,105.29.
That the term granted for the refund of this sum together with interests as agreed in the said contract lapsed, and the respondent company paid only some payments on account, and thus a substantial part of the debt mentioned is still due.
That the applicants have an interest to execute the contract of constitution of debt mentioned which is an executive title (Art. 253(b) of Cap. 12), however there lapsed more than three years from the date it could have been executed, and this application had to be filed as provided in Article 258(c) of Cap. 12.
Thus, the applicants respectfully pray that they be authorised by this Honourable Court to execute the contract of constitution of debt, dated 8th August, 2006, in the records of Notary Christine Abela, which is attached, and this under any provision it deems fit and opportune which this Court may give.
Applicant: Southcliff Court, 3, Triq il-Ħortan, Marsaskala.
Respondent company: 206, St Rocco Street, Birkirkara.
The application in the names Micallef Raymond et vs Thirteen Four Investments Limited, application number 27/15 LM, has been deferred for hearing to the 17th April, 2015, at 9.45 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
12 March 2015
Notice 468
468
By a decree of the Small Claims Tribunal, of the 26th January, 2015, 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).
Bank of Valletta plc (C 2833), of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, filed a Claim, on the 6th November, 2014, whereby they asked the Tribunal to condemn Amanda Jayne Dingli (ID 382102L), of 8B, Notredame, Triq il-Ħsad, Siġġiewi, to pay the plaintiff company, the sum of €2,186.39 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 735/14GB) is deferred for the 27th March, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
13 March 2015
Notice 469
469
By a decree of the Small Claims Tribunal, of the 6th February, 2015, 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).
Albert F.S. Manduca Limited (C 247), of 229/230, Triq San Pawl, Valletta VLT 09, filed a Claim, on the 14th November, 2014, whereby they asked the Tribunal to condemn Marisa Tonwuru (ID 434368M), of 6, Mark’s, Flat 2, Triq Dun Ġwakkin Schembri, Ħal Qormi, to pay the plaintiff company, the sum of €911.05, which amount is due to the plaintiff company.
With costs.
The case (Claim Number 750/14GB) is deferred for the 27th March, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
13 March 2015