Court Notices published in Govt. Gazette No. 19,418 of 28 April 2015

By means of a decree given on the 8th April 2015, by the Civil Court (Family Section) in the records of the Urgent Application, in the names Enam Rosina Pace Vincenti (ID 61093A) vs Joseph Pace Vincenti (ID 133858M), Application number 579/14, the following publication was ordered for the purpose of the defendant Joseph Pace Vincenti in terms of Article 187 (3) et. seq. of Cap. 12.

By means of an Urgent Application filed in the Civil Court (Family Section) on the 2nd March 2015, the applicant Eman Rosina Pace Vincenti respectfully pleaded:

That the applicant has submitted two urgent applications so that her three minor children of a tender age, or rather ...omissis..., ...omissis... and ...omissis... be declared and authorised under the care and custody of the applicant pendente lite which applications were not decreed.

That the applicant had various meetings with the mediator, whereby the respondent did not appear.

That it is being humbly submitted that the applicant urgently needs authority so that the minor children be under her care and custody pendente lite since the lack of interest of the respondent is causing serious obstacles to the education needs of the children, especially to the younger one or rather ...omissis..., whereby the application for the commencment of her education is being rejected without the signature of the father or the decree of the Court.

That the necessity of the same signature from the respondent when the respondent was absent for that long period as stated in the preceeding applications and the absolute lack of communication with his family after his return is being of a serious obstacle to the well being of the minors.

That it is a state of fact that all the minor children of the applicant live with the applicant only and are happy, in good health and have a stable routine which should not be disturbed due to the obstacle mentioned.

Thus the applicant humbly prays this Honourable Court to take the urgency of this application into consideration and:

1. Declare that pendente lite the minor children ...omissis...,...omissis... and ...omissis... are under the sole care and custody of the applicant.

2. Authorise the same children, pendente lite to remain under the sole care and custody of the applicant.

Respondent: Joseph Pace Vincenti, (ID 133858M), My Home, Sir Ugo Mifsud Street, Ta’ Xbiex.

Applicant: 28, Narcynttijas, Flat 6, Triq il-Anerja, St Paul’s Bay.

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 11th January 2013, in the records of the Application in the names Bank of Valletta plc vs (Competition of Creditors of Joseph Pace et) Application Number 851/08 AF, the following publication was ordered against the respondents Joseph and Maria Carmela Pace 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 Records of the Application in the names Competition of Creditors of Joseph Pace et, Application Number 851/08 AF, the company The General Soft Drinks Company Limited (C 1591) respectfully pleaded:

That by means of a Notice issued on the 30th November 2009 and which was published in the Government Gazette of the same date, whoever considered that he has an interest in the Schedule of Deposit number 1240/05, was called upon to bring forward his rights on this deposit within one month (30 days) from the day when this Notice is issued.

That the applicant companmy is a creditor of the debtors called upon in the Schedule mentioned, Joseph Pace (identity card number 384735M), and Maria Carmela Pace (identity card number 182835M), in the sum of one hundred thirty nine thousand seven hundred sixty two Euro and twenty four cents (€139,762.24), equivalent to sixty thousand maltese liri (Lm60,000), besides interests on the same amount resulting from two public contracts in the records of Notary Dr Mario Rosario Bonello, dated 7th May 1992 and 21st July 1995.

That the credit above mentioned is secured by a general hypothec registered in the Public Registry of Malta by means of Note of Enrolment number 8226/1992 (copy attached).

That for all intents and purposes it is being declared that the applicant company filed an actio ipotecaria sperimentale by means of a Sworn Application (Application Number 1081/2006 JRM), deferred to the 23rd February 2010, which was presented on the 1st December 2006, against Joseph Pace (ID 384735M) Maria Carmela Pace (ID 182835M), and Scala Developments Limited (C 18453M), in virtue of which the judicial sale of the immovables mentioned in the Schedule of Deposit above mentioned No. 1240/05 was demanded and this so that from the proceeds the applicant company can pay the debt due to it.

Thus the applicant company for all that required by the Code of Organisation and Civil Procedure and particularly Articles 416 et. seq. humbly asked that its credit for the amount mentioned be admitted by this Honourable Court and be ranked according to law regarding the money deposited in Court by Schedule number 1240/05.

Applicant: The General Soft Drinks Company Limited, Marsa Industrial Estate, Marsa MRS 3000.

Depositors. Scala Developments Company Limited, 54, Amery Street, Sliema.

Notify: Joseph Pace and Maria Carmela Pace, Fawwara Bldgs, Ġużè Fava Street, Sliema.

The Application in the names Bank of Valletta plc vs X (Competition of Creditors of Joseph Pace et), application number 851/08 AF, has been deferred for hearing to the 30th April 2015, at 9.00 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 13th April 2015, in the records of the Sworn Application, in the names Conduct AS, a commercial partnership registered in Norway vs Otto Malta Limited (C 44085), the following publication was ordered for the purpose of service of the company Otto Malta Limited 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 Conduct AS, a commercial partnership registered in Norway vs Otto Malta Limited, on the 4th March 2015, the commercial partnership Conduct AS a commercial partnership registered in Norway respectfully pleaded:

That it ia creditor of the respondent company Otto Malta Limited (C 44085), in the global amount of five hundred fifty one thousand and forty eight Euro and eighty eight cents (€551,048.88c), (equivalent to four million seven hundred and forty six thousand and seventy seven Nok and ninety ore Nok 4, 746.077.90), as results from a judgement given by the Norwegian Court on the 10th September 2012.

That the amount above referred to thus due by the respondent company represents:

Two hundred and fifty five thousand three hundred thirty eight Euro and fifty cents (€255,338.50c) capital in the cause between the parties premised as decided by the foreign Court.

One hundred and three thousand four hundred and five Euro and six cents (€103,405.06c) legal interest calculated from July of the year 2009 according to the judgement referred to.

One hundred thirty two thousand six hundred twenty four Euro and thirteen cents (€132,624.13c) judicial expenses established in the judgement given by the Norwegian Court.

Thirty one thousand seven hundred eighteen Euro and fourteen cents (€32, 718.14c) legal interest due in connection with the judicial expenses.

That the judgement given by the Oslo District Court, on the 10th September 2012, constitutes res judicata between the parties, and enforceable against the respondent company.

That the applicant company wishes that the judgement above referred to that was given against the respondent company be executed against the respondent company.

That for this purpose there was duly issued by the Norwegian Court the relative certificate in terms of the Lugano Convention (2007) which extends to the member countries of the European Economic Area, the provisions of Regulation Number EC 44/2001 of the European Union ...omissis... which regulation was recently substituted by Regulation Number EU 1215/12.

Thus for the reasons premised, the applicant company humbly prays that this Honourable Court orders that the judgement given by the Norwegian Court (Oslo District Court) on the 10th September 2012, in the cause between the parties premised be enforced in Malta against the respondent company Otto Malta Limited (C 44085) in the sum that this Honourable Court grants under the pacts and conditions that this Honourable Court deems fit and opportune.

With all costs against the respondent company.

Notify: Otto Malta Ltd, The Parklane Business Centre, Level 1, Suite 1, Triq Joe Sciberras, Ħamrun.

The Sworn Application in the names Conduct AS vs Otto Malta Limited, application number 202/15 SM, has been deferred for hearing to Thursday, 30th April 2015, at 9.00 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 20th April 2015, in the records of the Sworn Application, in the names The General Soft Drinks Company Limited vs Bianchi Sandro et, application number 69/15 MCH, 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 a Sworn Application filed in the First Hall Civil Court, in the names The General Soft Drinks Company Limited (C 1591) vs (1) Sandro Bianchi (ID 450865M) and (2) Simone Bianchi (ID 233365M), on the 27th January 2015, the applicant The General Soft Drinks Company Limited (C 1591) asked this Honourable Court:

(1) To dispense with a hearing of the cause in terms of Article 167 et. seq. of Cap. 12 of the Laws of Malta; and

(2) Condemn the defendant to pay the sum of €45,722.34, representing the balance due by the defendants in regard to the plaintiff company.

With costs as demanded and interest till the date of effective payment.

The defendants are summoned so that a reference to their evidence be made.

Respondents: 5, Melita Mansions, Triq il-Knisja, Sliema.

The Sworn Application in the names The General Soft Drinks Company Limited vs Bianchi Sandro et, application number 69/15 MCH, has been deferred for hearing to the 21st May 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th April 2015, Application number 325/2015 by Xavier Galea, whereby he prayed that it be declared open in his (Xavier Galea) favour and of his sisters Josephine Lyon, Maryanne Meilak, Lucia Tupman and Maria, all brothers and sisters Galea, and this in the quota of one fifth (1/5) undivided share each one of them, the Succession of his brother Leone Galea, bachelor, son of the late Saverio and Maria née Mizzi, born in Ħ’Attard, resided in Mosta, and died in Ħal Luqa, on the 15th February 2015, aged 82, intestate, holding identity card number 163033(M).

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed inthe Civil Court of Voluntary Jurisdiction Section, on the 7th April 2015, Application number 315/2015 by Maria Viviana Psaila, Sharon Aquilina Psaila daughter of Joseph Psaila and Maria Viviana née Falzon, born in Pietà, on the 26th September 1974, holding identity card number 471974(M), was Interdicted by means of a decree given on the 17th April 2015.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 31st October 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) et. seq. of the Code of Organisation and Civil Procedure (Cap. 12).

Charles Grech & Company Limited (C2473) of Valley Road, Imsida, filed a Claim on the 17th June 2014, whereby they asked the Court to condemn Cameo Discount Product Centre Limited (C 42996), of 16, Pawlu Mifsud Street, Żebbuġ, and/or Rubeo Court, Flat 7, Triq il-Maħlut, Ħal Lija, and Jacqueline Perrone (ID 167568M), of Diamond Court, Flat 4, Triq Carmelo Farrugia, Ħal Lija, and/or Rubeo Court, Flat 7, Triq il-Maħlut, Ħal Lija, to pay the plaintiff company the sum of €5,032.26 which amount is due to the plaintiff company.

With costs and interests.

The case (Notice Number 203/14MF) is deferred for the 4th May 2015 at 9.30 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 16th 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 12th January 2015, whereby they asked the Court to condemn Jonathan Farrugia (ID 373281M), of Dolphin House, Triq Efesu, San Pawl il-Baħar, to pay the plaintiff company the sum of €10,859.07 which amount is due to the plaintiff company.

With costs and interests.

The case (Notice Number 11/15MF) is deferred for the 4th May 2015 at 9.30 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 5th 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).

Maurizio Napoletano (ID 70825A), of Savoy Garden, Block H, Flat 8, Gżira, filed a Claim on the 7th October 2014, whereby he asked the Tribunal to condemn Daniel and Jane spouses Conti, of Yanlil, Flat 7, Triq il-Mimosa, Gwardamanġa, to pay the plaintiff the sum of €600 which amount is due to the plaintiff.

With costs.

The case (Claim Number 700/14KPS) is deferred for the 4th May 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 10th October 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).

Arkadia Marketing Ltd (C 11113), of Mizzi Organisation Corporate Office, Testaferrata Street, Ta’ Xbiex XBX 1407, filed a Claim on the 16th May 2014, whereby they asked the Court to condemn Mark Ellul (ID 393680M), of Romantic, Flat 3B, Triq il-Passju, Żurrieq, so that the amount which is due by way of damages, which damages are the result of actions which are the fault fo the respondent as explained during the sitting be liquidated and so that he is condemned to pay the amount which results to be due to the applicant company – for the purpose of these procedures, the amount of damages which are claimed does not exceed €6,000.

With costs.

The case (Application Number 178/14MF) is postponed to the 4th May 2015 at 9.30 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 25th March 2015, in the records of the Sworn Application in the names Agius Rowena pro et noe vs Agius Edward, application number 21/15 AL, 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 Civil Court (Family Section) in the names Rowena Agius (ID 147380M), in her own name and as curator ‘ad litem’ of the minor Samuel, Nicholas James and Daniel, siblings Agius,vs Edward Agius (ID 408679M), the applicant proprio et nomine asked the respondent to state why this Honourable Court should not:

Pronounce the personal separation between the parties spouses Agius because life together is no longer possible, and uphold the other demands in the application.

With costs as demanded in the application.

Notify Respondent: 24, ‘Little Angels’, Triq Matttia Preti, Għargħur.

The Sworn Application in the names Agius Rowena pro et noe vs Agius Edward, Application number 21/15 AL, has been deferred for hearing to Wednesday 27th May 2015, at 9.15 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Court and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 12th February 2014, following a request of Earli Limited, it was ordered that deputy curators be chosen to represent the interests of the domini diretti, in the records of the Schedule of Deposit of Groundrent, in the names Earli Limited (C 8094) vs Deputy Curators to represent the unknown domini diretti of the garage number 61, Graham Street, Sliema.

By means of a Schedule of Deposit of Groundrent filed in the First Hall Civil Court, in the names Earli Limited (C 8094) vs Deputy Curators to repesent the interests of the unknown domini diretti of the garage number 61, Graham Street, Sliema, on the 24th January 2014, the company Earli Limited (C 8094) premised and asked:

That amongst other properties, the interpellant acquired the garage number sixty one (61) in Graham Street, Sliema, and this by means of a public deed dated thirteeth (30th)of November 2000, in the records of the Notary Dr Marco Burlò.

That this garage is subject to the annual and perpetual groundrent of (€20).

That the interpellant never paid this groundrent and does not know who is to be paid.

That by means of the present schedule it is depositing the groundrent above mentioned for these last five (5) years amounting to one hundred Euro (€100) together with twenty Euro (€20) representing one year laudemium, in all one hundred twenty Euro (€120), which sum is to be freely withdrawn by who has the right to it so long as he leaves the receipt due.

Interpellant: Earli Limited (C 8094), 237, Fleur de Lys Road, Birkirkara.

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 Joseph Zammit Mckeon, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree of the 8th January 2015, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 3554/14, in the names Malta Resources Authority vs Alain Mangion, it was ordered that the following publication serves as service on 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 Alain Mangion (ID 405263M), of 68, Waterfront Place, Flat 6, Triq ix-Xatt, Sliema, on the 7th November 2014, Malta Resources Authority, of Millenia, Level 2, Aldo Moro Road, Marsa, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A, and calls upon you so that within ten (10) days you pay the sum of €2,292.70, which amount is due by you as a final and conclusive liquidation for payment of arrears for licence rights bearing reference SP 2164 in the villa A N/S in Triq il-Kaffis, Ibraġ, from the years 2007 till 2014, and for penalties of late payment regarding the same in terms of Cap. 244 of the Laws of Malta and of the subsidiary legislation 244.01.

In default of payment or opposition on your part according to the aforementioned article 466, the applicant Authority will proceed to issue executive warrants against you according to law.

With costs of this act.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 20th November 2013, in the records of the judicial letter number 1782/13, in the names United Acceptances Finance Ltd vs Patricia Calabretta, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187 (3) of Cap. 12.

By means of ajudicial letter filed in the Courts of Magistrates (Malta) against Patricia Calabretta (ID 168457M), of 196, Flat 6, Triq it-Torri, Sliema, and Sebastiano Calabretta (ID 20112A), of 196, Flat 6, Triq it-Torri, Sliema, all in solidum together,on the 18th June 2013, United Acceptances Finance Ltd (C 360), of Mizzi House, National Road, Blata l-Bajda, refers to eight (8) bills of exchange signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked with numbers 53 to 60.

The interpellant calls upon so that within two days you pay the sum of €1,648.44 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