Court Notices published in Govt. Gazette No. 19,644 of 23 September 2016

Bann for Curators.

Republic of Malta.

To the Court Marshall 

By means of a decree given by this Court, on the 9th September 2016, following a request of Advocate Doctor Luigi A. Sansone noe, it was ordered that deputy curators be chosen to represent North Africa Shipping, in the records of the application 780/2016 MCH, in the names Advocate Dr Luigi Sansone vs Deputy Curators and in the relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of identity card number 258269 letter (M) as special mandatary of The Procter & Gamble Company, a foreign company incorporated in the State of Ohio, in the United States of America, with entity number 20677 and with an address of One Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, vs 1) deputy curators to represent North Africa Shipping, a foreign entity with an indication of address of P.O. Box 280-86 DUBAI UAE’ in United Arab Emirates and 2) Deputy Curators to represent AL Ryada Maritime Agency, a foreign entity with an indication of address of ‘Ist Flr, Alta Alshohda Sqr, Tobruk-Libya’ in Libya, on the 5th September 2016, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD, ID 258269 letter ‘M’as special mandatary of the Procter & Gamble Company, a foreign company incorporated in the State of Ohio, the United States of America, with entity number 20677 and with an address of One Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, asked this Honourable Court;

1) To declare that the entry without release for free circulation in Malta, in the course of commerce between the defendants in a quantity of cosmetic products (gels) which all have on them various trademarks ‘Olay’ identical to or which cannot be distinguished from those of the plaintiff company duly registered inter alia as regards cosmetic products as European Union trade marks (Eu trade marks) with numbers 000273375 and 004724159, which objects are all presently held under the Authority of the Director General (Customs) after he found that the container ‘ECMU2219422’ which contained them, contravenes the rights of intellectual property of the applicant company as regards the trademarks herein mentioned.

2) delare that the same objects and namely the quantity of cosmetic products (gels) which all have on them various trademarks ‘Olay’ ’ identical to or which cannot be distinguished from those of the plaintiff company duly registered regarding cosmetic products as European Union trade marks (Eu trade marks) with the numbers above mentioned are falsified objects.

3) Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their compensation.

4) to take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and the defendants be deprived of the economic benefits of the transation.

5) order that the defendants are to bear all the other expnses in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs and all the other costs mentioned in this fifth demand amongst which the costs for the removal of the scart generated by the destruction.

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

List of Documents.

Services of the Defendants.

1) deputy curators to represent North Africa Shipping,Dubai UAE, a foreign entity with the indication of address of ‘P.O. Box 28086.

Courts of Justice, Valletta (two copies) and

2) deputy curators to represent AL Ryada Maritime Agency, a foreign entity with an indication of address of ‘Ist Flr, Alta Alshohda Sqr, Tobruk, Libya, in Libya.

Court of Justice, Valletta (two copies).

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr.Justice Noel Cuschieri, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th June 2016 of the Civil Court First Hall in the records of judicial letter number 763/2016, in the names Commissioner for Revenue vs Kenneth Mallia Milanes, the following publication for the purpose of service was ordered in terms of Article 187 (3) of Cap. 12.

In the First Hall of the Civil Court

To Kenneth Mallia Milanes (ID 279869M) of Sacred Heart, Flat 3, Triq il-Qawra, San Pawl il-Baħar.

By the present the Commissioner for 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 €85,126.21 representing amount due by you as Value Added Tax according to the same Act.

With costs and 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, particularly, but not exclusively, in order to render executable the executive title which the Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants without further notice.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is being notified that by a decree dated the 16th September 2016 given by the Court of Magistrates (Gozo) as a Court of Criminal Inquiry (Magistrate Dr Paul Coppini LLD, Preliminary Investigation number 57/2016 in re The Police (Inspector Frank Anthony Tabone) versus Jamie Fenech, 36 years of age, son of Spiro and Jane née Buttiġieg, born in Canada on the 3rd January 1980 and residing at “Fenech”, Imġarr Road, Għajnsielem, Gozo (Identity card number 491796M) ordered the attachment in the hands of third parties in general all monies and other moveable property due, or pertaining, or belonging to the said Jamie Fenech, and prohibits the said accused from transferring, pledging, hypothecating, or otherwise disposing of any moveable or immovable property in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, of Section 5 (1) (a) (b) and 5 (2) of the Money Laundering Act, Cap. 373 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

The Court, in terms of the proviso to Article 5 (1) (b) of Cap. 373 of the Laws of Malta conceded the accused to receive the amount of €13,976.24c per annum. 

DR MARY DEBONO BORG LLD

Registrar Gozo Courts and Tribunals 

Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 23rd of August 2016 number 829./2016 by Albert Mamo, wherein he prayed to be declared open in his favour in its entirety the SUCCESSION of his brother CARMELO MAMO BORG (I.D. 697157M), bachelor, son of the late Emanuel Mamo and the late Pawlina née Cachia, born and resided at Sigġiewi and died at Tal-Qroqq, Msida on the 12 of November 2013, aged 67 years.

Whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to Law.

MARCEL BUGEJA

For the Registrar Civil Courts and Tribunals.

By means of decree given, by the First Hall Civil Court, on the 7 th September 2016, in the records of the Sworn Application in the names Bank of Valletta p.l.c. (C 2833) vs Scicluna Matthew (ID 233983M), application number 480/16 AF, the following publication was ordered for the purpose of service of the defendant Matthew Scicluna, 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 p.l.c. (C 2833) vs Matthew Scicluna (ID 233983M) on the 16th June 2016, the applicant company Bank of Valletta p.l.c. (C 2833) asked this Honourable Court;

1. To declare and decide that there occurred one or more of the events mentioned in the contracts and private writings mentioned in the application particularly but not exclusively as the said Matthew Scicluna, failed to make the payments due to the interpellant company as stipuated in the said contract, condemn Matthew Scicluna to pay the applicant company the sum of one hundred thirty six thousand six hundred sixty six ewro and fifty three cents (€136,666.53) balance of debt in the ‘Loan and Overdraft Accounts’ of Matthew Scicluna, with the Bank of Valletta p.l.c. together with further interest from the 10th March 2016, till the date of effective payment.

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

Defendant: 44, Sqaq Numru 8, Triq Biċċieni, Żabbar.

The Sworn Application in the names Bank of Valletta p.l.c. (C 2833) vs Scicluna Matthew, application number 480/16 AF,has been deferred for hearing to Tuesday 1st of November 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on 22nd June, 2016, on the application of BANK OF VALLETTA PLC (C2833), Tuesday, 25th October, 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 FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.

Maisonette numbered twenty six (26) without its airspace situated on elevated first floor and garage situated at semi basement level, which maisonette underlies another maisonette property of Dimitri Zhilin while the garage underlies part of the said maisonette belonging to the respondents and situated in Triq il-Kwartin, Tal-Ibraġġ limits of St. Julians and forming part of a block of buildings built on plot number nine (9) on lands known as ‘Tal-Misluta’ sive ‘Tal-Francis’ and subject to annual and perpetual ground rent of ninety three euro and seventeen cents (€93.17) free and unencumbered with all its rights and appurtenances including a courtyard situated at semi basement level on the back of the said block, the courtyard is accessible from the maisonette as well from the said garage, subject to servitudes of a window in favour of the other garage forming part of the block as well as common ownership of stairs, shafts, carport and ramp accessible to the two garages situated underlying the said block, valued one hundred and eighty four thousand euro (€184,000). 

The said tenement is the property of ZARB ALFRED (ID 810058M) and ZARB CATHERINE (ID 714358M).

N.B. The said tenement will be sold as described in the acts of the file number 105/11.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

IT IS hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 7th of September 2016, and this after a written plea Numbered 123/2016, Ordered:

The correction of the Act of Birth of Yulia Malyk, bearing number 4022 of the year 2006, under the column entitled “Particulars respecting the child – Names given” the name ”YULIA” is to be substituted with the correct name “JULIA”, and under the column entitled “Name or names by which the child is to be called”, the name “YULIA” is to be substituted with the name “JULIA”.

JANET CALLEJA

F/ Registrar, Court Of Revision Of Notarial Acts

Bann for Curators.

Republic of Malta.

To the Court Marshall 

By means of a decree given by this Court, on the 9th September 2016, following a request of Advocate Doctor Luigi A. Sansone noe, it was ordered that deputy curators be chosen to represent North Africa Shipping, in the records of the Sworn Application number 779/2016 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of identity card number 258269 letter (M) as special mandatary of Johnson & Johnson, a foreign company incorporated in the State of New Jersey, in the United States of America and with an address of One Johnson & Johnson, Plaza, New Brunswick, New Jersey, United States of America vs 1) deputy curators to represent North Africa Shipping, a foreign company, with an indication of address of ‘PO Box 28086 DUBAI UAE’ in the United Arab Emirates and 2) deputy curators to represent AL Ryada Maritime Agency, a foreign entity with an indication of address of 1st FLR, Alta Alshohda Sqr, Tobruk, Libya, in Libya, on the 5th September 2016, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD, holder of identity card 258269 letter ‘M’as special mandatary of Johnson & Johnson, a foreign company incorporated in the State of New Jersey, in the United States of America and with an address of One Johnson & Johnson, Plaza, New Brunswick, New Jersey, United States of America, the applicant nomine prays this Honourable Court;

1). To declare that the entry without release for free circulation in Malta, in the course of commerce between the defendants in a quantity of cosmetic products (gels) which all have on them various trademarks ‘Clean & Clear’ identical to or which cannot be distinguished from those of the plaintiff company duly registered inter alia as regards cosmetic products as European Union trade marks (EU trade marks) with numbers 005469697 and 008987091, which objects are all presently held under the Authority of the Director General (Customs) after he found that the container ‘ECMU2219422’ which contained them, contravenes the rights of intellectual property of the applicant company as regards the trademarks herein mentioned.

2) delare that the same objects and namely the quantity of cosmetic products (gels) which all have on them various trademarks ‘Clean & Clear’ identical to or which cannot be distinguished from those of the plaintiff company duly registered regarding cosmetic products as European Union trade marks (EU trade marks) with the numbers above mentioned are falsified objects.

3) Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendantrs and at their compensation.

4) to take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and the defendants be deprived of the economic benefits of the transation.

5) order that the defendants are to bear all the other expnses in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs and all the other costs mentioned in this fifth demand amongst which the costs for the removal of the scart generated by the destruction.

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

List of Documents.

Services of the Defendants.

1) Deputy Curators to represent North Africa Shipping, a foreign entity with the indication of address of ‘P.O. Box 28086, Dubai UAE, in the United Arab Emirates.

Courts of Justice, Valletta (two copies) and

2) Deputy Curators to represent AL Ryada Maritime Agency, a foreign entity with an indication of address of ‘Ist Flr, Alta Alshohda Sqr, Tobruk, Libya, in Libya.

Court of Justice, Valletta (two copies).

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on the 29th July, 2016, on the application of Dr David Grech (ID 293057M) Tuesday 18th October at half past eleven in the morning (11.30am) has been fixed for the SALE BY AUCTION, to be held on the First Floor, Courts of Justice, Republic Street, Valletta of the following property.

Appartment numbered fifteen (15) in a block of apartments named ‘Sapphire Court’ in Triq San Franġisk, San Pawl il- Baħar valued at one hundred and sixteen thousand Euros (€116,000)

Garage unumbered underlaying a block of apartments numbered forty three (43) in Triq Ramon Perellos, San Pawl il- Baħar valued at one hundred and twelve thousand Euros (€112,000)

These properties are presently occupied by third parties which they claim they have a rent agreement.

The said tenements are property of Martin Cilia.

N.B. The said tenement will be sold as described in the reports sworn by Architect Ronald Muscat Azzopardi and as described in the Judicial Sales Act 10/15.

RUDOLPH MARMARÀ

For Registrar Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 11th August, 2016 on the application of Bank Of Valletta plc (C2833), Thursday, 20th October, 2016 at eleven in the morning (11.00 a.m.), has been fixed for the Sale By Auction, to be Held on the First Floor of these Courts of Justice, Republic Street, Il-Belt Valletta of the following property.

The Villa, unnamed and unnumbered known as ‘Estoril’, together with the garage, in Triq il-Linja, Attard, which villa and garage are built on plot forming part from a portion of land known as ‘Tax-Xatba’, district of Fġieni, in Attard, bounded on the North with the said road, on the South by property of Salvatore Galea and on West by property of Joseph Zammit, free and unencumbered with all its rights and appurtenances valued at one million and one hundred thousand euro (€1,100,000).

The said tenement is the property of GAUCI CHRISTOPHER (I.D.76868M) and GAUCI IAN (I.D.56674M).

N.B. The said tenement will be sold as described in the acts of the file number 100/2011.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By a decree given on the 15th July, 2016 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 (3) of the Code of Organization and Civil Procedure (Cap. 12).

By decree given by the CIVIL COURT, FIRST HALL on the 29th July 2016,on the application of B’digriet mogħti mill-QORTI ĊIVILI, PRIM’AWLA fid-29 ta’ Lulju 2016,fuq talba ta’ Dr David Grech (ID 293057M) Tuesday, 18th October, 2016 at half past eleven in the morning (11.30 a.m.) has been fixed for the SALE BY AUCTION, to be held on the First Floor, Courts of Justice, Republic Street, Valletta of the following property.

Appartment numbered fifteen (15) in a block of apartments named ‘Sapphire Court’ in Triq San Franġisk, San Pawl il- Baħar valued at one hundred and sixteen thousand Euros (€116,000)

Garage unumbered underlaying a block of apartments numbered forty three (43) in Triq Ramon Perellos, San Pawl il- Baħar valued at one hundred and twelve thousand Euros (€112,000)

These properties are presently occupied by third parties which they claim they have a rent agreement.

The said tenements are property of Martin Cilia.

N.B. The said tenement will be sold as described in the reports sworn by Architect Ronald Muscat Azzopardi and as described in the Judicial Sales Act 10/15.

RUDOLPH MARMARÀ

For the Registrar of Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 10 th August 2016, in the records of the Sworn application, in the names Bank of Valletta p.l.c. (C 2833) vs Enigma Productions Limited (C 25688) et Application Number 278/16 MH, the following publication was ordered for the purpose of service of the defendant Jason Caruana, 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 p.l.c. (C 2833) vs 1. Enigma Productions Limited (C 25688) and 2. Jason Caruana (ID 90176M) on the 6th April 2016, the applicant Bank of Valletta p.l.c. (C 2833) asked the defendants to state why this Honourable Court should not;

1. Declare and decide that there occurred one or more of the events mentioned in the contracts and writing mentioned in the application and exhibited with this application, particulary but not exclusively, as the defendants failed to make the payments due to the interpellant company as stipulated in the contract and writing and there is a material change in the circumstances of the same defendants which endanger the repayment of the debt;

2. Condemn the defendants to pay together and ‘in solidum’ between them to the plaintiff company the sum of fifty four thousand six hundred and twelve ewro and sixty one cents (€54,612.61) balance of debt in the ‘Loan and Overdraft Accounts’ of Enigma Productions Limited, with the Bank of Valletta p.l.c. together with further interest, on the 4th November 2015, till the date of effective payment.

Without prejudice to other sums due by the defendant Jason Caruana, to the plaintiff company for which the plaintiff company is proceeding separately.

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

By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Wednesday 15th June 2016, the cause Application Number 278/16 MH, in the names Bank of Valetta p.l.c. (C 2833) vs Enigma Productions Limited (C 25688) et was appointed for hearing on Wednesday 12 th October 2016 at 9.00 a.m.

Applicant Company: Bank of Valletta (C 2833)

1/5, Misraħ San Ġorġ, Valletta.

Defendants: 1………omissis………

2. Jason Caruana, 5, Triq Mons Alfred Mifsud, Birkirkara.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given, by the Rent Rgulation Board, on the 4th July 2016, in the records of the application in the names Sciriha Dr Noella noe et vs Galea Paul, Application number 52/16 MV, the following publication was ordered for the purpose of service of the respondent Paul Galea ID 250165(M) in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application, filed, in the Rent Regulation Board, in the names Dr Noella Sciriha (ID 15164(M) as mandatary of Rita Mifsud ID 259367(M) vs Paul Galea (ID 250165M) on the 17th May 2016, the applicant Dr Noella Sciriha ID 15164(M) nomine asked this Honourable Board;

1. To declare that the defendant did not punctually pay the rent he owed and or sublet the premises or transferred the lease without the express consent of Rita Mifsud or otherwise did not execute the conditions of the lease of the premises Palomino, Triq iż-Żebbiegħ, previously Fisher Road, Mgarr, Malta and consequently declare that the lease is terminated and uphold all the other demands in the application amongst which the payment of the rent due.

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

Defendant: Palomino, Triq iż-Żebbiegħ, gia’ Fisher Road, Mġarr, Malta.

Flat 1, Triq il-Palma, Mġarr, Malta.

The Application in the names Sciriha Dr Noella noe et vs Galea Paul, application number 52/16 MV, has been deferred for hearing to the 6th October 2016, at 9.45 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on 22nd August, 2016, on the application of MANOEL ISLAND YACHT YARD LIMITED, Wednesday, 26th October, 2016 at eleven in the morning (11.00 a.m.), has been fixed for the SALE BY AUCTION, to be held at MANOEL ISLAND YACHT YARD, ĠŻIRA of the following items seized from the property of U SAIL LIMITED (C50199).

Boat colour in white with black stripe at the bottom with registration number S18518

and

Boat colour in white with black stripe at the bottom with registration number S18517.

N.B. The said objects will be sold as describe in the judicial acts file number 12/16.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

IKUN JAF KULĦADD illi b’digriet mogħti fit-30 ta’ Awwissu, 2016 mill-Qorti Kriminali (Onor. Imħallef Dr Edwina Grima LL.D) wara rikors ippreżentat minn Brian Fenech fil-15 ta’ Lulju, 2016, Kumpilazzjoni Numru 277/2014 fil-kawża fl-ismijiet:

Il-Pulizija 

(Spettur Pierre Grech)

Kontra

BRIAN FENECH, 41 sena, impjegat, bin Angelo u Maria Dolores xebba Borg, imwieled Pietà Malta fit-18 t’ Ottubru 1974, residenti ġewwa l-fond bin-numru 573, Flat 1, Triq San Pawl, San Pawl il-Baħar, Malta u detentur tal-Karta tal-Identità bin-numru 512574M;

U

ELIGIO ZERAFA

Il-Qorti AWTORIZZAT LIL BRIAN FENECH jiżbanka s-somma ta’ elf, mija u erbgħa u sittin Ewro u disgħa u sittin Ewro (€1,164.69) fix-xahar mill-kont bankarju bin-numru 40010264317 mal-Bank of Valletta plc.

L-istess pubblikazzjoni qed issir ai termini tal-Artikolu 22A tal-Ordinanza dwar il-Mediċini Perikolużi, Kap. 101 tal-Liġijiet ta’ Malta u tal-Artikolu 23A tal-Kodiċi Kriminali, Kap. 9 tal-Liġijiet ta’ Malta, in segwitu ta’ pubblikazzjoni oħra li kienet ippublikata fis-16 ta’ Frar, 2016 wara digriet mogħti minn din il-Qorti fit-3 ta’ Frar 2016, in segwitu ta’ pubblikazzjoni oħra li kienet saret fil-11 ta’ Lulju, 2014 wara digriet mogħti mill-istess Qorti fil-25 ta’ Ġunju, 2014 in segwitu ta’ pubblikazzjoni ohra li kienet saret fil-25 ta’ Marzu, 2014 wara digriet mogħti fl-20 ta’ Marzu, 2014 mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja, fejn il-Qorti ordnat is-sekwestru f’idejn terzi persuni b’mod ġenerali tal-flejjes u l-proprjetà mobbli kollha li jkunu dovuti lill-imsemmi Brian Fenech u Eligio Zerafa jew li huma proprjetà tagħhom.

Illum, 20 ta’ Settembru, 2016

Reġistru tal-Qrati ta’ Ġurisdizzjoni Kriminali (Malta) 

DR JOHN SEYCHELL NAVARRO 

Dip. Hlth Science, Dip Mgmt Stud., Dip. Not. Pub., LLB, LLD

Assistent Reġistratur Qrati u Tribunali Kriminali (Malta)

It is hereby notified that by a decree of the 20th September 2016, given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, the Court ordered that the hereunder extract be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil Procedure (Chapter 12).

Whereas by an application and a concurrent schedule of set-off filed by Bella Claudia Nicoletta Cassar (ID 13380A) on the 19th September 2016, the approval of the said set-off is being demanded for the amount of €156,000, and this subsequent to the judicial sale by auction number 40/2012 in the names of Lombard Bank Malta plc vs Cassar Weaving Limited et, held under the authority of the said Court on the 12th September 2016.

According to article 338 (2) of Chapter 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 an 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.

DANIEL SACCO

For the Registrar

Bann for Curators.

Republic of Malta.

To the Court Marshall

By means of a decree given by this Court, on the 9th September 2016, following a request of Advocate Doctor Luigi A. Sansone noe , it was ordered that deputy curators be chosen to represent Good Promotion Enterprise Limited, in the records of the application 782/2016 MCH, in the names Advocate Dr Luigi Sansone noe vs Deputy Curators and in the relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (holder of identity card number 258269 letter (M) as special mandatary of Lacoste, a foreign company set up under the laws of France,with an address of 23-25 Rue de Provence, F-75009, Paris, France vs 1) deputy curators to represent Good Promotion Enterprise Limited, a foreign company with an unknown foreign address on the date of presentation of the original sworn application and 2) deputy curators to represent Sarl Samara Impex Imp &Exp , a foreign entity with an indication of address of ‘Cite : 711 Lots Ain-Oulmene, Setif, Algerie, in Algerija and with an indication of Algerian fiscal identification number (NIF) ‘001919008823885’ on the 7th September 2016, the applicant nomine humbly asked this Honourable Court;

1) To declare that the entry without release for free circulation in Malta, in the course of commerce between the defendants in a quantity of sport shoes (inside plastic pacaking material) which all have on them various trademarks identical or which cannot be distinguished from those of the plaintiff company duly registered as European Union trade marks (Eru trade marks) with numbers 002979524, 002979581 and 002979565, which objects are all presently held under the Authority of the Director General (Customs) after he found that the container ‘CMAU4796987’which contained them, contravenes the rights of intellectual property of the applicant company as regards the trademarks herein mentioned.

2) Delare that the same objects and namely the quantity of products consisiting in pairs of sports shoes inside plastic packging) which all have on them various trademarks identical or which cannot be distinguished from those of the applicant company duly registered as Eurpoean Union trade marks (Eu trade marks) with the numbers above mentioned, are falsified objects.

3) Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their compensation.

4) To take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be definitely removed from circulation in the existing systems of commerce and the defendants be deprived of the economic benefits of the transaction.

5) Order that the defendants are to bear all the other expenses in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs and all the other costs mentioned in this fifth demand amongst which the costs for the removal of the scart generated by the destruction.

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

List of Documents.

Services of the Defendants.

1) Deputy Curators to represent Good Promotion Enterprise Limited, a foreign entity with the indication of an unknown foreign address on the date of presentation of the original sworn application – Courts of Justice , Valletta (two copies).

2) Deputy Curators to represent Sarl Samara Impex Imp & Exp a foreign entity with and indication of address of ‘Cite: 711 Lots Ain-Culmene Setif Algerie, in Algeria, and with an identification of Algerian fiscal registration number ‘NIF’‘001919008823885’.

Courts of Justice, Valletta (two copies).

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr.Justice Noel Cuschieri, LLD, Doctor of Laws.

AVV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on 22nd August, 2016, on the application of BEZZINA MARITIME SERVICES LIMITED (C14583), Monday, 10th October, 2016 at noon (12.00 p.m.), has been fixed for the SALE BY AUCTION, to be held in a HALL, SECOND FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, IL-BELT VALLETTA of the following items seized from the property of il-BASTIMENT known as MT BUNKERTANK 1.

Vessel MT Bunkertank 1, registered in Valletta Malta, IMO number 8513235, gross tonnage of 576, net tonnage of 349, dead weight of 682 tons, 48.12 meters long, 8.80 meters wide and 5.30 meters deep valued at twenty five thousand euro (€25,000).

N.B. The said vessel will be sold as described in the judicial acts file number 39/15.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals