Mur Lura
Court Notices published in Govt. Gazette No. 19,552 of 01 April 2016
01/01/2016
Court Warrant
510By means of a decree given,by the First Hall Civil Court, on the 16th March 2016,in the records of theWarrant of Prohibitory Injunction, in the names Gauci-Maistre Adv. Jean-Pie noevs BalticMax Holding Company Limited, application number 375/16 LSO, thefollowing publication was ordered for the purpose of service of the respondentcompany BalticMax Holdinbg Company Limited (C 70765) in terms of Article 187(3)et. seq. of Cap. 12.
Bymeans of an Application, filed, in the First Hall Civil Court, in the names (applicant Adv. Jean-Pie Gauci-Maistre (345384M) as special mandatary of theforeign company Vroon Containers B. V. a company registered in Holland, withofficial address Haven Westzijde, 21, 4511 AR, Breskens, Holland ( power of attorneyannexed and marked Document ‘VC1’ against (respondent) BalticMax HoldingCompany Limited (C 70765) on the 9th March 2016, the applicant Adv. Jean-PieGauci-Maistre noe respectfully pleaded;
That the applicant in orderto safeguard her rights, wishes to withold the responden t company from;
1) in any manner selling,transferring, assigning or disposing both by onerous or gratuitous title or inany manner burdening or giving by pledge, privilege, right or other burden onthe ordinary the shares in the company Baltic Max Acquistion Corporation OneLtd (C 70766) and
2)exercise any right, vote or any other right resulting from the ordinary sharesof the company mentioned BalticMax Acquisition Corporation One Ltd (C 70766)according to law and according to the Articles of Association of the samecompany including but not limitedly the right to call meetings of theshareholders of the same company………omissis………or any other right that can beexercised by shareholders of the same company, and this for the followingreasons;
That on the 6th October2015,Vroon Contaners B.V and BalticMax Holding Company Limited, signed SeniorLoan Note, for the amount of USD 10,500,000( hereby attached and markedDocument ‘VC2” and Senior Bridge Loan Note, for the amount of USD 10,500,000 (hereby annexed and marked Document ‘VC3’
That by means of the SeniorLoan Note and the Senior Bridge Loan Note above referred to Vroon ContainersB.V. put at the disposal of BalticMax Holding Company Limited, the total amountof USD 21,000,000 by form of loan.
That BalticMax HoldingCompany Limited, has registered in its name two thousand (2,000) ordinaryshares (100% ‘paid up’ with a nominal value of US $ 1.00 each share) andfifteen million seven hundred thirty seven thousand and five hundred privilegedshares which can be redeemed in the company BalticMax Acquisition CorporationOne Ltd (C 70766).
………omissis………
That BalticMax HoldingCompany Limited, is the owner of a number of mercantile vessels by means of itssubsidiaries in which subsidiares BalticMax Holding Company Limited, is theonly beneficiary owner (see Document VC6).
That by means of SeniorLoan Note above referred to, agreement between Vroon Containers B.V. andBalticMax Holding Company Limited, the interest agreed is of ten per centyearly on the balance of the principal amount till all the amount due is paid.
That the Senior Loan Noteestablished the circumstances when the principal balances become due.
………omissis………
That till today BalticMaxHolding Company Limited, failed from its obligations under the Senior Loan Noteand Senior Bridge Loan Note and this in terms of the clauses above referred toconstitute ‘Event of Default’ under the Senior Loan Note as well the SeniorBridge Loan Note.
………omissis………
That the amount due by itto the applicant company is not less than fifteen million seven hundred thirtyseven thousand and five hundred American Dollars (USD 15,737,500) and thisbesides interest of ten per cent (10%) yearly.
That the shares that therespondent company has in the company BalticMax Acquistion Corporation One Ltd,are the only assets that the respondent company has in Malta and thus for thereasons above mentioned the applicant company has a clear interest that therespondent company be held from doing any act so that the ordinary shares bedevalued,transferred or used so that the subsidiary companies of BalticMaxAcquistion Corporation One Ltd be devalued.
That this if the presentwarrant is not upheld urgently the applicant company shall suffer an irrimediableprejudice for the reasons above explained.
Warrant of ProhibitoryInjunction.
Republic of Malta
To the Marshal of theCourts
Whereas the aboveapplication was filed and there recurr all the necessary elements required bylaw for the undermentioned orders;
And after doing this or ifyou encounter any difficulty in the execution of this warrant you are to informthis Court forthwith.
Given by the Civil CourtFirst Hall with the witness of the Madam Justice Lorraine Schembri Orland. LLD
Respondent; 93, MillStreet, Qormi.
TheApplication Warrant of Prohibitory Injunction in the names Gauci-Maistre Adv.Jean-Pie noe vs BalticMax Holding Company Limited, application number 475/16LSO, has been put off for hearing to the 12th April 2016, at 9.30 a.m.
Reġistry of the SuperiorCourts, today 24th March 2016.
Adv.Frank Portelli, LLD
For theReġistrar Civil Courts and Tribunals
Notice 511
511By means of a decree given, on the 15thMarch, 2016, in the records of the Counter-Warrant, in the names Yamile GamboaKindelan vs Biagio Schembari, Counter-Warrant number 53/2016, the followingpublication was ordered for the purpose of service of Yamile Gamboa Kindelan,in terms of Article 187(3) et. seq. of Cap. 12.
By means of an application, filed, inthe Civil Court (Family Section) Following the Warrant of ProhibitoryInjunction Number 128/2015, issued on the 1st July 2015, in the names YamileGamboa Kindelan (English Passport No. 801170203) vs Biagio Schembari (ItalianPassport F 144135) on the 26th February 2016, the applicant Biagio Schembari(Italian Passport F 144135) respectfully asked this Honourable Court;
to order the issuing of the opportunecounter-warrant for the undermentioned reason:
Reason: i. Since no lawsuit was filedby Yamile Gamboa Kindelan, within the term given by Law and namely within twomonths from when this Honourable Court closed the mediation between the partiesby means of a decree dated 16th November, 2015 (Document A).
ii. That despite that in the reply tothe counterwarrant number 13/2016 AL, Gamboa Kindelan indicates that amediation sitting between the parties was to be held on the 17th February,2016, and thus the mediation between the parties was still going on this ismanifestly unfounded in fact and at law.
iii. That the applicant points out thatas confirmed by the mediator Charlene Cachia, herself during what had to be amediation sitting between the parties on the 17th February 2016, that the Courtdecree of the 16th November 2015, was final and that the notice for thatsitting had been erroneously given and due to an oversight by the mediatorCharlene Cachia.
……omissis……
iv. That furthermore it is alsorelevant that despite that in the reply to the counterwarrant number 13/2016AL, Gamboa Kindelan, indicated that the mediation was still going on she didnot nor did her defence counsel attend to what according to them had to be asitting during that mediation.
v. That this being premised it isunderlined that the applicant resides in Malta, has his business here and hasno intention to take his son outside the country except for a holiday in Sicilyas he took him sometimes to visit his family and always returned.
……omissis……
vi. That furthermore it is pointed outthat the applicant always followed the Court orders literally and whenever heintended to go abroad with the minor who has been in his exclusive care andcustody in Malta, for these last four years whilst his mother was living inBristol, since this Warrant of Prohibitory Injunction Number 128/2015, was inforce , the applicant always asked for Court approval through the relativecounter warrants.
vii. Thatfurthermore that so far as the applicant is informed today Ms Gamboa Kindelanis no longer in the country.
viii. That this premised and despitethat the minor has been resident in Malta for there last four years and in theexclusive care and custody of his father Gamboa Kindelan, today through herdefence counsel in Bristol, England, she notified the applicant that she willbe filing the relative procedures to obtain the care and custody of the minorSebastian in Bristol itself.
ix. Together with this despite of thedecree so that the mother shall have access to the minor on Tuesday and onThursday between 5.00 and 7.00 in the evening the mother is failing to adherewith this .
……omissis……
Thus it is manifest that not even theapplicant has absolutely no interest that the minor be held from leaving thecountry.
Counter Warrant.
Republic of Malta
Counter Warrant.
To the Court Marshall
Whereas following the execution of thewarrant to which the above application refers there are sufficient reasonsaccording to law why the same warrant should not remain in force.
Given by the Court above mentioned withthe witness of……omissis……Doctor of Lawsof the Court above mentioned.
Civil Court (Family Section)
Hon. Mr. Justice Robert G. Mangion LLD.
Dip. Tax (MIT) P.G.Mediation (Melit).
Following the Warrant of ProhibitoryInjunction Number 128/2015.
In the names:
Yamile Gamboa Kindelan
vs
Biagio Schembari.
The Court;
Having seen the CounterWarrant,
Orders that the respondent be notifiedwho is to file a reply within four (4) working days.
Sgd. Theresa Sammut-Deputy Registrar.
Applicant: Biagio Schembari, Flat 4,Central Point, Triq Massimiliano Kolbe, Qawra.
Respondent; Yamile Gamboa Kindelan,Springfield Court, Flat 21, Triq il-Qawra, San Pawl il-Bahar.
Services: i. Virtu Ferries, Xattl-Għassara tal-Gheneb, Marsa.
ii. Malta International Airport, Gudja.
iii.Commissioner of Police, Floriana.
iv. Passport Office, EvansBuilding,Valletta.
v. Comptroller of Cuastoms, Valletta.
Adv. FrankPortelli,LLD.
For the Registrar, Civil Courts andTribunals.
Notice 512
512By decree given by the CIVIL COURT,FIRST HALL on 17th February 2016 , on the application of MAGRI DOREEN,Thursday, 9th June, 2016 at eleven in the morning (11.00 a.m.) is affixed forthe SALE BY AUCTION , to be held on the First Floor, Courts of Justice,Republic Street, Valletta of the following property.
Half undividedshare of property numbered eighty six (86), in Triq l-Annunzjata corner withTriq it- Tarzna, Hal Tarxien, free and unencumbered with all its rights andappurtanances valued at fifty eight thousand Euros (€ 58,000)
The said tenement is the property ofGRIMA ALBERT.
N.B. The said tenement will be sold asdescribed in the Judicial Sales Act nru 18/2015
RudolphMarmarà
For Registrar Civil Courts andTribunals
Notice 513
513By decree given bythe CIVIL COURT, FIRST HALL on 28th January, 2016, on the application ofBUHAGIAR GERALD, Thursday, 2nd June, 2016 at half past ten in the morning(10.30 a.m.), has been fixed for the SALE BY AUCTION, to be held on the firstfloor of these courts of Justice,Republic Street, Il-Belt Valletta of the following property.
The tenement numbered one hundred andtwo (102), named ‘Whistle’ in Triq Santa Marija, Ħal Tarxien including itsairspace subject to annual and perpetual ground rent four euro and sixty sixcents (€4.66) valued at one hundred and fifty thousand (€150,000).
The said tenement is the property ofSCHEMBRI AARON (I.D. 101584M).
N.B. The said tenement will be sold asdescribed in the acts of the judicial sale number 65/14.
MarvicFarrugia
For the Registrar of Civil Courts andTribunals
Court Warrant
514By means of a decree given, by the RentRegulation Board, in the records of the Warrant of Eviction ,in the namesHighway Auto Company Limited vs Marco Vella, Warrant number 40/2016, on the18th February 2016, the following publication was ordered for the purpose ofservice of the respondent Marco Vella,in terms of Article 187(3) et. seq. ofCap. 12.
By means of anApplication, filed, in the Rent Regulation Board, in the names (Applicant)Highway Auto Company Limited (C 3252) vs (Respondent) Marco Vella (ID 330165M)on the 11 th January 2016, the applicant Highway Auto Company Limited (C 3252)asked this Honourable Court;
To order the issuing of a Warrant ofEviction against the respondent (from the under mentioned premises) inexecution of the under-mentioned judgement and whereas the respondent failed todo this till this day.
Premises: 379, Triq Fleur de Lys,Birkirkara.
Judgement:Judgement given by the Honourable Rent Regulation Board, dated 16th November,2015, in the names above premised (reference Number 87/2015 MV) whereby therespondent was ordered to vacate the premises within one month from the date ofthe judgement (16th December, 2015).
Filed by PL K Zammit Cuomo.
Warrant of Eviction.
Republic of Malta.
To the Court Marshall
Whereas by meansof the judgement given by this Court as mentioned in the above applicationthere is the order for the eviction of the respondent from the premisesmentioned and whereas the same respondent failed to do this till this day.
Given by the Rent Regulation Boardabove mentioned by Dr Monica Vella, Magistrate, today 18th January 2016.
Respondent: Marco Vella, 379, Fleur deLys Road, Birkirkara.
Execution: Marco Vella, 379, Fleur de LysRoad, Birkirkara.
Adv. FrankPortelli,LLD.
For the Registrar, Civil Courts andTribunals.
Notice 515
515Whereas the plaintiff Carmel Magro (ID250064M) filed an application under oath (No 284/15 AL) demanding CORRECTIONSin the ACT OF BIRTH of the minor Osatohawn Shakira number 4057/2009 in thePublic Registry.
Whosoever may have an interest therein,and wishes to oppose that demand, is hereby called upon to do so, by means of anote to be filed in the Registry of these Courts, within fifteen days from theday 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 thesaid application under oath, of the day which will be appointed for the hearingof the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts andTribunals
Notice 516
516By means of adecree given by the Rent regulation Board, on the 10th March, 2016, in therecords of the Application in the names Sammut Alessi Louise et vs TaboneLuciano, Application number 109/2011 MV, the following publication was orderedfor the purpose of service of the respondent Luciano Tabone, in terms ofArticle 187(3) et. seq. of Cap. 12.
By means of a Notice of hearing of acause issued by the Registry Superior Courts, on Thursday 28th January 2016,the Application in the names Sammut Alessi Louise et vs Tabone Luciano, applicationnumber 109/2011 MV which was decided in Appeal, from Wednesday, 25th November,2015, was set down again for hearing on Thursday, 10th March, 2016, at 9.30a.m. before Magistrate Dr Monica Vella and deferred to the 9th May, 2016, at9.30 a.m.
Respondent: Flat 2, Block G3, Triql-Istiratur, Mosta.
Registrar of the Superior Courts, today28th March 2016.
Adv. FrankPortelli,LLD.
For the Registrar, Civil Courts andTribunals
Notice 517
517By means of decree given by the FirstHall Civil Court, on the 10th March, 2016, in the records of the SwornApplication in the names Bettingstore S.R.L. vs Take Five Limited (C 68722)application number 119/16 SM, the following publication was ordered for thepurpose of service of the respondent Take Five Limited, in terms of Article187(3) et. seq. of Cap. 12.
By means of a Sworn Application,presented, in the First Hall Civil Court, in the names Bettingstore S.r.L. aforeign company registered in Italy with number 0077229950720 and with anaddress Piazza Antonio de Pergola, 65,70122, Bari, Italy vs Take Five Limited(C 68722) on the 16th February, 2016, the applicants asked the respondentcompany to state why this Honourable Court should not;
1. Proceed to give judgement accordingto the demand of the applicant without proceeding to a hearing of theapplication in terms of article 167 et. seq. of Cap. 12 of the Laws of Malta,condemn the respondent company to pay the applicant company the sum of twentyfive thousand nine hundred eighty nine euro and forty five cents (€25,989.45)besides legal interest for the reasons mentioned in the application.
With costs and legal interest as demandedagainst the respondent company summoned, so that a reference to its evidence bemade.
Applicant company: Piazza Antonio dePergola, 65, 70122, Bari, Italy c/0 9, Old Bakery Street, Valletta.
Service: Suite 3, 64/1, AgitonBuildings, St. Anthony Street, San Ġwann.
Adv. FrankPortelli,LLD.
For the Registrar, Civil Courts and Tribunals