Court Notices published in Govt. Gazette No. 19,424 of 12 May 2015

By means of a decree given on the 17th March 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Gino Vassallo vs Enemalta Corporation, Application number 831/06, the following publication was ordered for the purpose of service of the respondent Gino Vassallo, and this in terms of Article 187 (3) et. seq. of Cap. 12.

By means of an Application filed in the Court of Appeal, Application number 831/06, in the names Gino Vassallo vs Enemalta Corporation, the applicant Enemalta plc as legal successor of the Enemalta Corporation in terms of Cap. 536 of the Laws respectfully pleaded:

That by means of a sworn application filed by the plaintiff, on the 12th September 2006, the plaintiff after having premised:

That the plaintiff has a ‘service contract’with the defendant Corporation, and this because it supplies him with electricity from the premises from where he operates, and namely, the premises with the name ‘International Plastics’, Garage 22, Triq Tal-Ħandaq, limits of Ħal Qormi.

That the plaintiff has exercised his trade making plastic things, such as ‘plastic bags’, and bags ecc. from the year 1993 and this inside his workshop mentioned.

That as shown by the statement hereby attached, the plaintiff was informed by the respondent Corporation in July 1998, that he has to pay a bill of €2,459.38.

That the plaintiff continued to receive bills from the defendant Corporation, which bills he regularly paid.

That all of a sudden the plaintiff received another bill from the defendant Corporation which he has to pay for the supply of his electricity the sum of €65,731.05 and this because the same Corporation had taken a mistake for various years in the manner it was calculating the consumption of electricity on the part of the applicant from the premises in dispute.

That this fact as above explained was of damage and serious prejudice to the plaintiff in his work.

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

That apart from this as indicated in Document ‘GV2’and GV3’respectively, the same defendant Corporation had notified the plaintiff that it was going to cut his electricty supply with a clear prejudice to the same plaintiff that he could not continue with his work.

That the plaintiff thus feels that in the first place the defendant Corporation did not proceed according to law and this in terms of the ‘service contract’which exists between the parties in this cause when it sent him a bill of that entity.

That on the 4th September 2006, the plaintiff obtained the issuing of a warrant of prohibitory injunction against the same defendant Corporation so that it does not stop from honouring the ‘service contract’that it has with him.

Asked the First Hall Civil Court so that:

1. It declares that there was no and there is no valid reason at law why the defendant Corporation should not continue to honour the service contract above indicated.

2. Declare that all the bills issued in question from the premises above indicated are excessive.

3. Fix if it be the case what is the amount due to the defendant Corporation as consumption of electricty from the premises above indicated by means of the appointment of a referee.

4. ...........omissis...........

5. ...........omissis...........

6. ...........omissis...........

7. Liquidate the damages suffered by the plaintiff by means of the appointment of a referee.

8. ...........omissis...........

9. Confirm the effects of the Warrant of Prohibitory Injunction in the names above indicated decreed on the 4th September 2006.

That in regard to the demands of the respondent plaintiff in its sworn reply of the 8th February 2007, the defendant appellant company replied in the following manner:

1. That the plaintiff is supplied with the service of electricity and in the commercial premises International Plastics, Triq Tal-Ħandaq, Ħal Qormi, by means of account number 206742440, which account is registered on him personally.

2. That the relationship between the plaintiff and the respondent Corporation is regulated the Regulations for the Provision of Electricity.

3. That the amounts required by the Corporation are all due.

4. ...........omissis...........

5. That during these years, the applicant was happy to pay estimates of the bill when he knew that no meter readings were being made.

6. ...........omissis...........

7. That it is absolutely not the case that the Corporation made a mistake in the issuing of the bills as regards of that consumer, and furthermore, it is not the case that the Corporation proceeded contrary to that stipulated by the above mentioned Regulations.

8. ...........omissis...........

9. ...........omissis...........

10. That thus in the light of regulation 67 of the Regulations for the Supply of Electricity, the Enemalta Corporation is entitled to suspend the electricity supply due to lack of payment.

11. ...........omissis...........

12. ...........omissis...........

13. That on this bill there are due €74,639.60 representing electricity consumption in the premises referred for the period 4th July 1998 to 19th December 2006.

Thus, in view of the above, Enemalta Corporation prays with respect that this Honourable Court rejects the plaintiff’s demand as unfounded in fact and at law with costs against the plaintiff.

That together with its sworn reply of the 8th February 2007, the defendant appellant company filed a counter claim where after having premised:

1. That the reconvened plaintiff is provided with electricity service in the commercial premises International Plastics, Triq Tal-Ħandaq, Ħal Qormi, by means of account number 206742440, which account is registered on the plaintiff Gino Vassallo.

2. That the relationship between the plaintiff and the respondent corporation is regulated by the Regulations for the Supply of Electricity.

3. That on this bill there are due €74,639.60 representing electricity consumption in the premises referred to for the period between 4th July 1998 and 19th December 2006.

4. That although duly called upon and despite various meetings and discussions, which meetings and discussions were always made without reciprocal prejudice, the plaintiff remained in default.

Asked the First Hall Civil Court so that:

1. It declares that Gino Vassallo is debtor of the Enemalta Corporation in the amount of €74,639.60 representing electricity consumption in the commercial premises International Plastics, Triq Tal-Ħandaq, Ħal Qormi, by means of account number 206742440, which account is registered on the plaintiff.

2. Condemn the same Gino Vassallo to pay Enemalta Corporation the amounts mentioned with interests from the date of consumption till the date of relative payment and with costs.

That against the counter-claim of the defendant company in his sworn reply of the 9th March 2007, the respondent plaintiff replied thus:

1. That in the first place and preliminary, the reconvened plaintiff pleads that certain amounts which are being demanded from the defendant Corporation are prescribed.

2. That in any case as regards the remaining amount which is being demanded by the reconvened defendant corporation from the reconvened plaintiff is not all due, and it has to be established which amount is really due.

3. Saving further pleas as permitted by law.

That by means of a judgement given on the 15th January 2015, in the names premised, the First Hall Civil Court, decided the cause by upholding the pleas of the defendant Corporation to the plaintiff’s demands ...omissis... condemnedthe plaintiff to pay the defendant Corporation the amount of fifty seventhousand four hundred thirty one Euro and ten cents (€57,431.10)representing consumption of electricity in the commercial premisesInternational Plastics, Triq Tal-Ħandaq, Ħal Qormi, according to account number 20674240 which is registered on the plaintiff with legal interest with effect from till the date of effective payment.

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

That the applicant company felt aggrieved with this judgement, in so far as it relates to the running of interests, and thus is filing this humble Appeal beforethis Honourable Court, against the Head of the judgement of the Court of First Instance regarding the payment of interest.

That the grievance of the applicant is clear and manifest and consists in the fact that the decision of the Honourable First Court, that the legal interest on the amount due of €57,431.10 is to start running from the date of the judgementis legally wrong and violated the regulatory principles in subjecta materia. Infact as the obligation merit of this cause is one of a commercial nature, the interest had to be granted from the date of the invoice.

The grievance explained:

That this lawsuit relates to the amount due by the plaintiff Gino Vassallo, for electricity consumption from the commercial premises from where he carries on his business, namely, the premises with the name International Plastics,Garage 22, Triq Tal-Ħandaq, Ħal Qormi. For a number of years, till the bill of May 2005, was issued the plaintiff was happy to pay only estimates on the bill apart of the fact that for some time he paid only the meter rent, and whenfinally the actual bill was issued based on the meter reading, and thus the plaintiff refused to pay the bill, and filed the present lawsuit.

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

That it results from the records of the proceedings that the obligation in question was one of a commercial nature. This emerges clearly fromArticle 5 of the Commercial Code the plaintiff admitted under oath in his sworn application when he explains that he uses electricity to carry on his trade to do plastic things such as plastic bags, bags, etc from the year 1993, and this inside his workshop.

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

That thus as regards the interest, the Honourable Court of First Instance had to apply Article 1141 (1) of Cap. 16 which provides so:

‘If the obligation is of a commercial nature or if the law provides that the interests are to run ipso jure, the interests are to run from that day that the obligation had to be executed’.

That this means that in the case de quo, the interest had to run from the date ofthe account merit of this cause. This was confirmed in a number ofjudgements of our Courts which make it clear that where the amount due is of a commercial nature, the interest runs ipso jure from when the credit is due.

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

That thus even in the case the quo, the interest should not have run from the date of the judgement, but from when the defendant was presented with the relative bill for his consumption merit of this cause.

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

That subordinately and without prejudice to the above, in the worst hypothesis for the appellant company, legal interest could not start to run later than the date of the counter-claim of the defendant company of the 9th March 2007. This according to the provisions of the second subarticle of Article 1141 of Cap. 16 which states:

In any case, the interests are to run from that day that a copy for payment is made by a judicial act, although in the agreement a period is fixed for the execution of the obligation.

That it is to be stated that the simple fact that the Enemalta Corporation reduced its demand by means of a note of reduction to the amount of (€57,431.10), (after it resulted that the plaintiff was not contesting the subsequent bills and the surcharge was also removed), which amount of €57,431.10, the plaintiff was actually condemned to pay by the Honourable First Court, does not in any way mean that the interest did not run as established in Article 1141 of the Civil Code.

Thus in the light of the above, the appellant defendant company respectfully prays that this Honourable Court, reforms the judgement in the namespremised given by the Honourable First Hall Civil Court, on the 15th January 2015, as demanded in this Appeal Application.

Notify: Gino Vassallo, International Plastics, Garage 2, Triq Tal-Ħandaq, Ħal Qormi.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 23rd April 2015, given by the Court of Magistrates (Malta) Court of Criminal Judicature (Magistrate Dr Carol Peralta, LLD), after an application filed by Alan Cachia on the 28th January 2015, in the case in the names:

The Police

(Inspector Daniel Zammit)

(Inspector Roderick Zammit)

Versus:

ALAN CACHIA, 41 years, son of Alfred and Katerina née Mangion, born in Ħ’Attard, Malta, on the 8th December 1973, residing at number 10, Santa Marija Street, Ħaż-Żebbuġ, Malta, and holder of Identity Card number 24174M.

REVOKED the general interdiction order given by this Court in its judgement of the 30th October 2014, against the said Alan Cachiaand this according to Article 10 (6) of Cap. 9 of the Laws of Malta.

This is being published according to Article 10 (7) of Cap. 9 of the Laws of Malta.The original order was published in the Government Gazette of the 6th February, 2015.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

IT IS BEING NOTIFIED that by a decree dated 5th May, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Carol Peralta, LLD), Compilation number 405/2015 in the case:

The Police

(Inspector Herman Mula)

Versus:

EDWARD SPITERI GONZI, 31 years, employed, son of Anthony and Mariella (Maria) née Camilleri, born in Tal-Pietà, Malta, on the 3rd June 1983, residing at The Rocklands, Block 2, Flat 5, Windsor Street, Tas-Sliema, Malta, and holder of Maltese Identity Card bearing number 303483M.

ORDERED the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to Edward Spiteri Gonzi, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta, Article 5 (1) (a) (b) and 5 (1) and 5 (2) of Cap. 373 of the Money Laundering Act of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th April 2015, Application number 419/2015 by Mary Rose Xuereb, whereby she prayed that it be declared open in her favour and in favour of her minor daughter Jessica Xuereb in the quota of one half (1/2) undivided share each one of them, the Succession of her husband Joseph Xuereb, son of Carmelo and Marianna née Mifsud, born in Għargħur, resided in Imsida, and died in Floriana, on the 7th January 2015, aged 45, holding identity card number 91469(M), intestate.

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 a decree given on the 1st April, 2015, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 17th February, 2015, on the application of Vella Stephen et and on Vella Stephen et and Genovese Carmel’s request, Thursday, 21st May, 2015, at half past eleven in the morning,has been fixed for the Sale by Auction to be held in the first floor of these Law Courts, Republic Street, Valletta, of the following property:

The maisonette numbered one hundred and thirty-eight (138), in Parades Street, Saint Paul’s Bay, including its roof and relative airspace and with all its appurtenances, free and unencumbered, valued at one hundred and twenty five thousand Euro (€125,000).

The said tenement is the property of VG Shutter & Concrete Works Limited(C 21877).

N.B. The said tenement will be sold as described in the acts of file number 49/11.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 28th April 2015, in the records of the Sworn Application, in the names Balzan Pierre noe vs DOA Charter Limited (C 53090), Application number 301/15 SM, the following publication was ordered for the purpose of service of the defendant 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 Pierre Balzan in the name of Melita Marine Limited (C 24026) vs DOA Charter Limited (C 53090), on the 27th March 2015, the applicant Pierre Balzan asked this Honourable Court:

To proceed to give judgement according to the demand without proceeding to a hearing of the cause in terms of Article 167 to 170 of Cap. 12, condemn the defendant company to pay the applicant company the global sum of fourteen thousand one hundred seventy six Euro and sixty eight cents (€14,176.68).

With costs and legal interest against the defendant company summoned so that a reference to its evidence be made.

Respondent Company: DOA Charter Limited (C 53090), 19, Garden Street, Gżira GZR 1411, Malta.

The Sworn Application in the names Balzan Piere noe vs DOA Charter Limited (C 53090), application number 301/15 SM, has been deferred for hearing to Tuesday, 12th May 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 9th April 2015, on the application of Borg Damian, Tuesday, 21st July, 2015, at half past ten in the morning, has been affixed for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property:

The apartment officially numbered two (2) on the first floor in a block of apartments numbered thirty five (35), named ‘Falcon Forge’,subject to an annual groundrent of thirty Euro and fifty four cents (€30.54), accessible from Triq it-Torri, Imsida. The tenement includes an undivided share of the common parts that provide access to the apartments, that is the door, entrance, stairs and lift. The property includes the right to hold a water tank on the roof of the same block, valued at two hundred and twenty thousand Euro (€220,000).

The said tenement is the property of Gurjinyan Gurdzhinyan Samvel et.

N.B. The said tenement will be sold as described in the judicial sales act 47/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 9th April 2015, in the records of the Sworn Application, in the names Banif Bank (Malta) plc vs Schembri Ryan et, application number 79/15 JZM, the following publication was ordered for the purpose of service of the respondent Angie Schembri 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 Banif Bank (Malta) plc (C 41030) vs Ryan and Angie (spouses) Schembri (ID numbers 450878M and 321875M respectively), on the 29th January 2015, the applicant Banif Bank (Malta) plc asked this Honourable Court:

To decide this cause without proceeding to a hearing in terms of Article 167 et. seq. of Cap. 12 of the Laws of Malta, declare that the defendants are debtors of the plaintiff company in the amount of €566,404.34 and condemn the defendants to pay the plaintiff company the said sum.

With costs and interest as demanded against the defendant company.

Applicant Company: Banif Bank (Malta) plc, 203, Level 2, Rue D’Argens, Gżira, Malta.

Defendants: 1. ...........omissis...........

2. Angie Schembri, 2, Sebħa, Triq il-Qortin, Mellieħa.

The Sworn Application in the names Banif Bank (Malta) plc vs Schembri Ryan et, application number 79/15 JZM, has been deferred for hearing to Tuesday, 26th May 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 22nd April 2015, by the Civil Court First Hall, in the records of the Sworn Application, in the names Banif Bank (Malta) plc vs Cachia Nutar Anthony, application number 243/15 JRM, the following publication was ordered for the purpose of service of the respondent Notary Anthony Cachia 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 Banif Bank (Malta) plc (C 41030) vs Notary Anthony Cachia (ID 11268M), on the 16th March 2015, the applicant Banif Bank (Malta) plc for the reasons premised in the application asked this Honourable Court:

To decide this cause without proceeding to a hearing of the cause in terms of Article 167 et. seq. of Cap. 12 of the Laws of Malta, declare the defendant debtor of the plaintiff company in the amount of €407,988.70 and uphold the other demands in the application.

With costs and interests from the 17th February 2015, till the date of effective payment.

Applicant Company: Banif Bank (Malta) plc, 203, Level 2, Rue D’Argens, Gżira, Malta.

Defendant: Notary Anthony Cachia, 1, Coral Mans, Flat 4, Triq il-Keffa, Swieqi.

2. 44, Naxxar Road, San Ġwann.

The Sworn Application in the names Banif Bank (Malta) plc vs Cachia Notary Anthony, application number 243/15 JRM, has been deferred for hearing to the 16th June 2015, at 11.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 28th April 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature(Magistrate Dr Carol Peralta, LLD), after an application filed by Richard Gauci on the 20th March 2015, Compilation number 168/2014 in the case:

The Police

(Inspector Daniel Zammit)

(Inspector Roderick Zammit)

Versus:

RICHARD GAUCI, 47 years, unemployed, son of Saviour and Therese née Gauci, born in Rabat, Malta, on the 2nd June 1966,residing at number 137, Flat 2, College Street, Rabat, Malta, and holder of Maltese Identity Card bearing number 234966M.

ORDERED THE CANCELLATION of the freezing order of all the assets of the said Richard Gauci, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 26th February, 2014, and published in the Government Gazette on the 4th March, 2014.

This order is being published according to Article 5 (6) of Cap. 373 of the Laws of Malta.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

By means of a decree of the 28th January 2015, of the Civil Court First Hall, in the records of judicial letter number 19/15, in the names Commissioner of Revenue vs EPS 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: EPS Limited (C 14136), of Casa Drago, Triq Dun Mikiel Xerri, Ħ’Attard.

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 €987,521.34 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 you by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 16th September 2013, of the Civil Court First Hall, in the records of judicial letter number 2387/13, in the names Commissioner of Revenue vs Golden Travel Club 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: Golden Travel Club Limited (C 33107), of 2, Triq Salvu Psaila, Birkirkara.

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 €19,140.43 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 you by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 3rd March 2015, of the Civil Court First Hall, in the records of judicial letter number 521/15, in the names Commissioner of Revenue vs Calleja Stone Concrete 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: Calleja Stone Concrete Limited (C 28771), of 20, St John The Baptist Street, Rabat, Malta.

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 €25,463.48 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 you by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 28th April 2015, in the records of the Warrant of Prohibitory Injunction in the names Agius Peter et vs MCCF Properties Co. Ltd, Application number 468/15 LO, 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 an Application filed in the First Hall Civil Court, in the names (Applicant) Peter (ID 131770M), and his wife Doris (ID 209269M) Agius, and Roderick (ID 258773M), and his wife Nancy Ann (ID 334872M), spouses Agius, against (Respondent) MCCF Properties Company Limited (C 41387), on the 20th March 2015, the applicant Peter (ID 131770M), and his wife Doris (ID 209269M) Agius, and Roderick (ID 258773M) and his wife Nancy Ann (ID 334872M), spouses Agius, respectfully pleaded:

That the applicants have an interest to safeguard their rights.

That the applicants in order to safeguard their rights wish to hold the respondents from:

transferring by means of any title, or given possession, or detention or burdening with any burden, the premises apartment marked number two (2), in a block of apartments with the name ‘Shania Flats’, Triq Wied ir-Ruman, in the limits of Mellieħa, underlying and overlying property of the vendors or their successors in title. This block of apartments borders on the West with the street, South with property of Emanuel Bonnici, and North with property of Louis Attard or more correct boundaries, otherwise free and unencumbered, with all its rights and appurtenances, and this for the following reasons:

That the applicants Peter and Doris, spouses Agius, signed a preliminary agreement on the 28th April, 2009, before Notary Dr Tanya Farrugia, whereby the respondent company promised to sell and the plaintiffs bound themselves to buy the apartment above indicated.

That by deed of assignment dated 29th July 2009, the applicants Peter and Doris Agius, assigned their rights on the same preliminary agreement to the other applicants Roderick and Nancy Ann Agius.

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

That this preliminary agreement lapses on the 20th March 2015, and this after the said preliminary agreement was extended various times.

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

That although duly called upon by various judicial letters, the respondent company failed to come forward for the final contract.

That due to the default of the respondent company, the plaintiffs suffered damages as well as an amount of penalty due to it.

That the applicants proceeded by a sworn application whereby they are asking that the respondent company be condemned so that the final deed of transfer be made.

That if in the meantime this apartment is sold to third parties, the applicant shall have uselessly proceeded with the cause because the respondent company does not have other assets.

That from here there emerges the irremediable prejudice to the applicants.

Thus, the applicants humbly pray that this Honourable Court orders the issuing of the Warrant of Prohibitory Injunction in question against the respondent.

Sgd. Advocate Dr David Camilleri, LLD

Confirmed before under oath after I read its contents and presented by PL JP Busuttil, as witness of identity.

Republic of Malta

Court Warrant

To Court Marshall

Whereas the above application was presented, and there recur all the elementsrequired by law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant, you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Applicant: 86, Ave Maria, Triq il-Greċja, Naxxar.

Respondent; 41, Triq Toni Pace, Mellieħa.

The Application Warrant of Prohibitory Injunction in the names Agius Peter et vs MCCF Properties Co Ltd, application number 468/15 LSO, has been deferred for hearing to the 9th June 2015, at 9.30 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th July 2014, Application number 703/2014 by George Cutajar et, Vincenza Cutajar, daughter of Salvu Mizzi and Alfreda née Lopes, holding identity card number 308022M and resides in a home for the elderly in Żejtun, was Interdicted by means of a decree given on the 17th April, 2015.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th March 2015, Application number 286/2015 by Angela Galea et, Maria Zammit, daughter of Angelo Cefai and Carmela née Zammit, born in Isla and holding identity card number 450537M, was Interdicted by means of a decree given on the 24th April, 2015.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of a decree of the 24th April 2015, following an application number 318/2015 of Anthony Vella and Mary Soler, filed on the 8th April 2015, this Court ordered the Publication of the Inventory of the assets of the late Carmelo Vella, son of the late Francesco and Giovanna née Delia, born in Ħaż-Żabbar and died in Tal-Pietà, on the 10th September 2014, aged 91, holding identity card number 435323(M).

This publication is going to be held on Monday, 1st June 2015, at half past six in the evening (6.30 p.m.), at the office number 34, Triq Santa Teresa, Cospicua, by a deed of Notary Doctor Rosella Sciberras.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of a decree given on the 13th April 2015, by the Rent Regulation Board, in the records of the Sworn Application, in the names Mario Cutajar et vs Setra Trading Ltd, application number 11/15 GG, 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 Rent Regulation Board, in the names Mario Cutajar and his wife Emanuela Cutajar vs Setra Trading Limited (C 54963), on the 2nd February 2015, the applicant asked the defendant company to state why this Honourable Court should not:

Decide the cause without proceeding to a hearing of the cause in terms of Article 16A of Cap. 69 of the Laws of Malta, order the respondent company to pay the applicant in terms of the contract of Notary Mario Bugeja, of the 25th May 2012, the sum of Euro 30,000 (thirty thousand Euro) as money due for the electricity and water bills burdening the premises ‘Uno Supermarkets’, Triq Filippu Farrugia, Żurrieq.

With costs and legal interest against the defendant company.

Defendant company: Setra Trading Ltd, N/S in Tal-Ħandaq Rd, Ħandaq.

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 5th May 2015, in the records of the Application in the names Zammit Perit Colin noe vs JG Developments Ltd, application number 220/15 SM, the following publication was ordered for the purpose of service of the defendant 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 Perit Colin Zammit in his own name and in the name of the Firm Maniera Group vs JG Developments Ltd, on the 10th March 2015, the applicant Perit Colin Zammit proprio and in the name of the Firm Maniera Group asked the respondent company to state why this Honourable Court should not:

Decide the cause without proceeding to a hearing in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta, condemn the respondent company to pay the applicant, the sum of fifteen thousand four hundred and five Euro and ninety eight cents (€15,405.98), balance of payment for professional services rendered to the respondent company following its request.

With costs and commercial interests as demanded against the respondent company summoned so that a reference to its evidence be made.

Service: Taormina Court, Flat 2, Triq Vincenzo Hyzler, San Ġwann.

The Sworn Application in the names Zammit Perit Colin noe vs JG Developments Ltd, application number 220/15 SM, has been deferred for hearing to the 26th May 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree of the 20th March 2015, of the Civil Court First Hall, in the records of judicial letter number 54/15, in the names Annunziata Farrugia et vs Crocefisso Gauci, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.

In the First Hall of the Civil Court

To: Crocefisso Gauci of Robert, Flat 3, Triq il-Konti Theuma Casteletti, San Ġwann.

By the present Annunziata Farrugia (ID 793431M), Joseph Gauci (Passport number 105975), Carmelo Gauci (ID 701338M), Veronica Gauci (ID 028346M), Meleny Gauci (ID 0608742M), of 212, St Julian’s Street, Birkirkara, refer to the law suit number 822/2008JA in the names Annunziata Farrugia et vs Crocefisso Gauci decided on the 11th July 2011, and which has been appealed, and they inform you that as a result of the fact that you are occupying the land and farm in question and which bears the address 3, Tal-Ginger Farmhouse, Triq Tal-Balal, San Ġwann, without any valid title at Law, you are preventing the applicants from enjoying their properties and according the applicants are holding you responsible for damages and for the illegal occupation with the consequence that you are being held personally responsible for damages amounting to €30000 or any other sum that will be established by this Honourable Court for every year that you are occupying this land and property and this from the day that the said law suit was filed that is from the 12th August 2008, and till the Appeal is terminated and a favourable outcome to the applicants results.

Reserving the right for any other action against you.

So much for your own guidance and to regulate your position.

With costs.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 24th March 2015, of the Civil Court First Hall in the records of judicial letter number 389/15, in the names Pavel Eliashevich vs Irina Sedova, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.

In the First Hall of the Civil Court

To: Irina Sedova (Italian Identity Card number AN 8821447), of 2182, Portomaso Complex, San Ġiljan.

By the present Pavel Eliashevich (Russian Passport number 62_9415855) of Apartment 71, Block 23, Portomaso Complex, San Ġiljan, refers to declaration made and signed by you on the 22nd June 2010 (see attached Doc PE 1 and PE 2), where you declared and confirmed that you have received the amount of €175,000 from the interpellant by way of loan from him, which amount had to be paid back to my client not later than the 1st September 2010.

Notwithstanding the fact that the aforementioned time frame has lapsed, and you were solicited several times to pay, you remained in default.

Accordingly, by means of this present, the interpellant solicits you so that immediately, and in any case not later than five (5) days from the day of notification of this act, you return back to the interpellant the sum of €175,000 together with interest according to law. The interpellant warns you that if you remain in default, the interpellant will have no other alternative but to institute legal proceedings against you, including the issuing of warrants, and these at your own costs.

So much for your own guidance.

With costs and legal interest.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 12th November 2014, in the First Hall of the Civil Courts, in the records of the judicial letter number 2918/14 in the names Bank of Valletta plc vs Marthese Spiteri, ordered the following publication for the purpose of service of the respondents in terms of Article 187 (3) of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Marthese Spiteri (ID 169662M), of My Dear Father, Triq Emvin Cremona, Imsida, on the 19th September 2014, Bank of Valletta plc (C 2833), of 1/5, MisraħSan Ġorg, Valletta VLT 1190,whilst refering you to the contract dated 12th September 2003, in the acts of Notary Doctor Carmel Gafà, and also to the private writing dated 13th September 2003,where you guaranteed together and in solidum with Albert Agius, the debts of the same Albert Agius,calls upon you so that within two days you pay together and in solidum the sum of €46,588 balance of debt in the Loan and Overdraft Accounts of Albert Agius with Bank of Valletta plc together with further interests from the 4th September 2014.

The interpellant company warns you that if you fail, they shall be constrained to proceed against you according to law.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 11th March 2015, given by the Civil Court First Hall, in the records of judicial letter number 3618/13, in the names Registrar of Civil Courts and Tribunals vs Southcliff Developments Limited, the following publication was ordered for the purpose of effecting service of the respondent company in terms of Article 187 (3) of Cap. 12.

In the First Hall of the Civil Court

To: Southcliff Developments Limited, of 86, Manuel Dimech Street, Sliema.

By the present, the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter, you pay the sum of €930.87 due by you as Registry fees in connection with the law suit in the names:

Southcliff Developments Limited (C 27802) vs Borg Christine et withdrawn on the 11th July 2013 (our reference 1546/2013).

In default, the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By means of a decree of the 9th March 2015, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 470/15, in the names Malta Resources Authority vs Jesmond Ciantar, 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 Jesmond Ciantar (ID 163666M), of Villa Lumond, Triq ta’Marmora, San Ġiljan, on the 26th February 2015, 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 €2,993.72, which amount is due by you as a final and conclusive liquidation for payment of arrears for licence rights bearing reference SP 1300 in the premises Villa Lumond, Triq ta’Marmora, San Ġiljan, from the years 2002 till 2015 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 a decree of the 7th May, 2015, 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 Emanuel Sammut (ID 727758M) and Victoria Sammut (ID 386955M), on the 30th April, 2015, the approval of the said judicial acts is being demanded for the amount of following €20,200 judicial Sale by Auction 20/14 in the names Emanuel Sammut et vs Jason Calleja et held under the Authority of the said Court on Tuesday, 28th April, 2015.

According to Article 338 (2) of Cap. 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.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 2nd February 2015, in the records of the Sworn Application in the names Bank of Valletta plc (C 2833) vs 1. Sundry Limited (C 9297) et, application number 1006/14 LM, the following publication was ordered for the purpose of service of the respondent companies 1. Sundry Limited (C 9297) and 2. R.H.F. Industries Limited (C 6517), in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Thursday, 5th March 2015, the cause Application in the names Bank of Valletta plc (C 2833) vs Sundry Limited (C 9297) et, application number 1006/14 LM, was appointed for hearing on Wednesday, 3rd June 2015, at 9.30 a.m.

Notify: 1. Sundry Limited, Muscats House, 13-19, Lower St Albert Street, Gżira.

2. R.H.F. Industries Limited, Muscats House, Lower St Albert Street, Gżira.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 7th May 2015, in the records of the Sworn Application in the names Bank of Valletta plc (C 2833) vs Demanuele Reuben et, Application number 199/15 LM, the following publication was ordered for the purpose of service of the respondent Rose Lynn Demanuele in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Friday, 6th March 2015, the Sworn Application number 199/15 LM, in the names Bank of Valletta plc vs Demanuele Reuben et, was entered in the list of causes which are to be heard on Wednesday, 15th April 2015, at 9.45 a.m. and deferred to the 27th May 2015, at 9.00 a.m.

Applicant Company: Bank of Valletta plc (C 2833), 1/5, MisraħSan Ġorġ, Valletta VLT 1190.

Defendant: ...........omissis...........

2. Rose Lynn Demanuele, 46, Block D, Flat 1, ‘Solitaire’, Triq Pierre Muscat, Rabat.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree of the Small Claims Tribunal, of 15th April 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

The Performing Right Society Limited of London, locally represented by its agents Dingli Co. International Limited (C 7692), of 18/2, South Street, Valletta VLT 11, filed a Claim, on the 24th February 2015, whereby they asked the Tribunal to condemn Entertainments Limited (C 25687) of Fuego, St Augustin Street, St George’s Bay, St Julians, to pay the plaintiff company the sum of €1,767.16 which amount is due to the plaintiff company.

With costs and interests.

The case (Claim Number 140/15KPS) is deferred for the 25th May 2015 at 12.30 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

NOTICE

CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Christopher Farrugia (ID 284691M), filed an application under oath (No. 101/15 AL), demanding Corrections of the Act of Birth of the minors Kyle Farrugia and Amie Farrugia, numbers 3176/2006 and 2094/2010 respectively in the Public Registry.

Whosoever may have an interest therein and wishes to oppose that demand, is hereby called upon to do so by means of a note to be filed in the Registry of these Courts within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who within the aforesaid time shall have filed such note, shall be notified by the service of a copy of the said application under oath of the day which will be appointed for the hearing of the case.

By order of the Court.

Rita Mangion

For the Registrar Civil Courts and Tribunals

By a decree of the 13th January, 2015, given by the Civil Court First Hall, this Court ordered the publication of the following extract for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

By an application filed in the Civil Court First Hall, on 29th July, 2014, by HSBC Bank Malta plc acts of file number 5/11 in the names HSBC Bank Malta plc vs Aaron Haroun and Victoria Azzopardi Haroun, expressing respectfully:

That the Bank presented an application for executive seizure on immovable property and selling by auction on 18th January, 2011, and by a decree of the 20th January, 2011, the Court accepted the request of the Bank, and authorised the sale of properties as described in the application.

(i) the apartment internally numbered 6B, Paceville Court, Triq Ball, Paceville;

(ii) temporary emphyteusis for the remaining period of twenty (25 ) years of house number 143, named ‘Dar il-Ward’, Triq il-Ħemel, Swieqi;

(iii)the apartment internally marked 8, ‘Sunhaven’, Lampuki Street, St Paul’s Bay.

That the Court appointed the Architect and Civil Engineer Ruben Cauchi to make the valuation of the properties, and when he went on site he described only the property situated in St Paul’s Bay just as regards structural state.

That the expert of the Court relied strictly on the description given by the Bank in the above mentioned application as decreed, and limited his description for the premises de quo, but no reference was made to the right of use of the common parts of the block together with the owners of the other apartments forming part of the same block, this so that the same is not mentioned by the Registrar of the Court was made in the registration note.

That creditor Bank bought the property itself ‘animo compensandi’in the 15th November, 2012, and in the note of registration 11047/13 are not included the following words in the description of the property number (iii): this block bounded by North East with Triq il-Lampuka, West and East by property of tal-benefiċċju bandlieri or their successors in title, which block is built on the plot forty six (46) of the land known as “Tal-Bandlieri”, including the right to use the common parts of the block under a contract in the records of Notary Sandro Schembri Adami dated 1st September, 1999.

That besides moreover winds of the same block is not reflected in the registration note.

That Bank is asking this Honourable Court to authorise the amendments as submitted today as the owner of the premises, and the property is registered in the Public Registry in accordance with the application.

The Court ordered that the Debtor and the Registrar of the Court two (2) days to file a reply.

Marvic Farrugia

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 Caruana Raymond et vs Pace Conrad, Application number 207/15 AE, 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 Raymond Caruana (ID 704459M) and Marie Louise, sive Maria Caruana (ID 281362M), 26, Elisdan, Triq id-Dugħ, Marsaskala vs Conrad Pace, Benvenue, Flat 1, Triq in-Nassaba, Ħal Safi, on the 22nd November 2013, the applicant Raymond Caruana et asked the respondent to state:

Why this Court should not proceed to give judgement without proceeding to a hearing of the cause in terms of Articles 167-170 of Cap. 12 of the Laws of Malta, condemn the defendants to refund to the applicant the sum of €14,700 (fourteen thousand and seven hundred Euro), besides legal interest, from the 1st June 2010, of money unduly paid, since the sublease agreement which had to be reached between the parties regarding the premises Ta’Strinġi, Labour Avenue, Naxxar, was not reached, and uphold the other demands in the application.

With costs ...omissis... and the respondents are summoned so that a reference to their evidence be made.

Notify: Conrad Pace, Benvenue, Flat 1, Triq in-Nassaba Ħal Safi.

The Sworn Application in the names Caruana Raymond et vs Pace Conrad, application number 27/15 AE, has been deferred for hearing to the 5th June 2015, at 8.45 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 9th March 2015, in the records of the Sworn Application in the names Bank of Valletta plc vs Tanti John Paul et, application number 94/15 LM, 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 Bank of Valletta plc (C 2833) vs 1. John Paul Tanti (ID 375982M) and Odette Sammut (ID 319189M), on the 12th February 2015, the applicants asked this Honourable Court:

To declare and decide that there occurred one or more of the events mentioned in the application, condemn John Paul Tanti and Odette Sammut to pay the plaintiff company the sum of one hundred and seventy seven thousand two hundred twenty six Euro and eighty seven cents (€177,226.87), balance of debt in the ‘Loan Account’of John Paul Tanti and Odette Sammut with the Bank of Valletta plc together with further interest, from the 14th November 2014, till the date of effective payment together with other legal expenses.

With costs as demanded against the defendants summoned so that a reference to their evidence be made.

Defendants: 1. John Paul Tanti, 38, Triq Lapsi, San Ġiljan.

2. Odette Sammut, 17, St Paul, Flat 4, Sqaq Tomna, San Ġwann.

The Sworn Application in the names Bank of Valletta plc vs Tanti John Paul et, application number 94/15 LM, has been deferred to the 27th May 2015, at 9.30 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals