Court Notices published in the Government Gazette 20,192 of 21st May 2019

By a decree of the Small Claims Tribunal of the 2nd November, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Ta’ Maggi Industrial Park Limited (C 40896) of Fuq is-Sies, Ta’ Ġebel Għawżara, Bidnija l/o San Pawl il-Baħar, filed a Claim on the 1st November, 2018, whereby they asked the Tribunal to condemn Melvin Zammit (ID 490481M) of Block B, Flat 4, Santa Klara, Ħaż-Żabbar to pay the plaintiff company the sum of €3,800 which amount is due to the plaintiff company.

With legal interest and costs

The case (Claim Number 517/18KCX) is deferred on the 29th May, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 11th April, 2019, in the records of the mediation in the names David Decesare (ID 43774M) vs Erica Rita Zerafa (ID 495874M) records mediation number 1661/18, the following publication was ordered for the purpose of service of the respondent Erica Rita Zerafa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application, filed in the Civil Court (Family Section) in the records of mediation number 1661/18, in the names David Decesare (ID 43774M) vs Erica Rita Zerafa (ID 495874M) on the 12th December, 2018, the applicant David Decesare (ID 43774M) pleaded and respectfully asked:

1. That the applicant and Erica Rita Zerafa married on the 28th October of the year 1995, from which marriage they had three children, two of age and a minor, as mentioned in the application.

2. That the parties separated on the 7th February, 2010, and had agreed with whom the children abovementioned are to reside.

3. That however this agreement was never honoured so much so that Erica Rita Zerafa definitely left the matrimonial home, such that the three children since they were born always lived with their father.

… omissis …

5. That Erica Rita Zerafa disappeared from her children’s life so much that she has not seen them since the year 2013.

… omissis …

Thus, in view of that premised the applicant is asking this Honourable Court so that the care and custody of the minor child mentioned in the application ... omissis ... which is held by Erica Rita Zerafa and David Zerafa jointly be entrusted exclusively to the applicant David Decesare and this under those circumstances that this Honourable Court deems fit to impose in the circumstances.

Applicant: St Anthony Flats, 45C, Triq Monsinjur Dandria, Msida

Respondent: 91, Triq San Publiju, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 12th April, 2019, following a request by BNF Bank plc previously Banif Bank plc it was ordered that deputy curators be chosen to represent the interest of the debtor in the judicial sale by auction number 1/2019 in the names BNF Bank plc previously Banif Bank plc vs Deputy Curators and in the other relative and subsequent acts.

By means of an application for the issuing of a Warrant of Seizure on immovable property filed on the 7th January, 2019, BNF Bank plc formerly Banif Bank (Malta) plc (C 41030) of 203, Level 2, Rue D’Argens, Gżira vs Eve Farrugia, financial officer, unmarried, daughter of Louis and Josephine née Attard, born in Ħ’Attard, on the 18th September, 1975, and residing at 25, Triq Castro, Naxxar (ID 502475M), requests with respect:

That by means of a judgment given on the 5th November, 2018, this Honourable Court in the names abovementioned and with Sworn Application number 601/2017JPG Hon. Jacqueline Padovani Grima (Doc. A) which judgement was final, this same Court decided that:

“It upholds the first request and decides this application without proceeding to trial in terms of Article 167 et sequitur of Cap. 12;

Declares that the respondent is debtor of the applicant bank in the amount of €426,701.10; and 

Consequently condemns the same respondent to pay the sum of €426,701.10, together with legal interests from the 9th June, 2017, till the date of effective payment. With all costs against the respondent.”

The debt of the respondent Eve Farrugia continued to accumulate and the amount due till the 27th December, 2018, was of €501,024.88 with interest and costs included and calculated till the mentioned date. This besides the interest and costs from the 27th December, 2019, till the date of effective payment.

The respondent is in possession of the following immovables:

The house number 25 previously 11, found in Triq Castro, Naxxar. This property was acquired by the respondent by means of a deed in the acts of Notary Dr Mario Bugeja on the 9th February, 2004 (Doc. B). 

The apartment internally marked number 6 which is found on the second floor level on the right when facing the building, overlying and underlying property of the company Prysma Properties Limited (C 48492) or their successors in title, forming part of a block of apartments with the name Prysma Apartments, with the door and the facade overlooking on Triq il-Għabex (originally known as new road without name) in Triq San Pawl il-Baħar, Malta, subject to the passive servitudes and enjoying active rights resulting from its physical position in the block of apartments otherwise free and unencumbered and consequently free from any ground rent, payments, burden or other burdens, with all its rights and appurtenances. Included with this apartment there is the right of perpetual and uninterrupted use of the common parts and services of the block of apartments with the name Prysma Apartments. This said block is bounded on the South West with the mentioned road, South East and North East with property of the Bellizzi family and from the North West with property of the Testa family. This property was acquired by the respondent by means of a deed in the acts of Notary Dr Robert Micallef dated 13th June, 2013.

On the mentioned properties the following hypothecs and/or privileges and namely those numbered 4327/2010 and 10680/2013 (Doc. F) were registered.

Thus the applicant company requests with respect the execution of the judgement abovementioned, this Honourable Court orders the issuing of the warrant of seizure on immovable property on the aforementioned property and also give those orders and directions that it deems fit and opportune particularly but not exclusively those mentioned in Article 306 et sequitur of Cap. 12 of the Laws of Malta, so that the applicant will be paid the debt due to it, as abovementioned.

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

Notification: Eve Farrugia, 25, Triq Castro, Naxxar, NXR 2406

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, abovementioned, with the witness of the Hon. Mr Tonio Mallia, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 13th May, 2019, 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 Organisation and Civil Procedure (Chapter 12).

By decree given by the Civil Court, First Hall on the 26th April, 2019, on the application of Dr Joseph M Sammut (ID 430083M), Wednesday, 5th June, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction,  to be held in garage without number, in unnamed street, that abuts on Triq Carmelo Coleiro, limits of Tal-Ħandaq, Ħal Qormi of the following items seized from the property of Asadollahi Hossein (ID 163278A).

Vehicle of the type BMW, grey in colour, with the registration number JBO 849.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 10/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 13th May, 2019, 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 Organisation and Civil Procedure (Chapter 12).

By a note filed in the Civil Court, First Hall on 3rd May, 2019, Dr Joseph M Sammut is asking to enter as another execution creditor in the judicial sale number 10/19 in the names Dr Joseph M Sammut vs Hossein Asadollahi and that since he is a creditor of Hossein Assadollahi in the sum of three thousand euro (€3000), together with interest and expenses by an application number 356/18 KCX in the names Dr Joseph M Sammut vs Hossein Asadollahi decided on 27th March, 2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 22nd November, 2018, in the records of the Sworn Application in the names The Director Civil Courts and Tribunals as Registrar vs Zammit Joseph, Application Number 1033/18 LSO, the following publication was ordered for the purpose of service of the respondent Joseph Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names The Director Civil Courts and Tribunals as Registrar Civil Courts and Tribunals vs Joseph Zammit (ID 355944M) on the 19th October, 2018, the applicant asked this Honourable Court:

1. To find the respondent Joseph Zammit guilty of contempt towards its authority in terms of Article 997 and 1003 A of Cap. 12 of the Laws of Malta;

2. Condemn the respondent Joseph Zammit to the penalties indicated in the same Article and condemn him to imprisonment for a period up to one month or to a penalty of not less than two hundred and thirty-three euro (€233) and not more than two thousand three hundred thirty euro (€2330) or to a penalty and imprisonment together;

3. Impose any other necessary order on the respondent Joseph Zammit in terms of Article 997 sub-article (2) of Cap 12 of the Laws of Malta including the fixing of a peremptory period till these orders are to be satisfied.

With costs against the respondent from now summoned so that a reference to his evidence be made and saving any right of further action according to law.

The Sworn Application in the names The Director Civil Courts and Tribunals as Registrar vs Zammit Joseph, Application Number 1033/18 LSO, has been deferred for hearing to the 20th June, 2019, at 9.30 a.m.

Notify Respondent: Joseph Zammit, 7, Dream, Triq il-Bard, Ħal Qormi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 6th May, 2019, on the application of E. Grech Cristal Bath Limited (C 13298), Wednesday, 17th July, 2019, at ten in the morning (10.00 a.m.) has been fixed for the sale by auction to be held at seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Galea George (ID 41573M).

Three sofas (2 seater), sofa (3 seater), television cabinet black in colour, two (2) Samsung TFT, table, two (2) side tables, lamp black in colour, three (3) cabinets black in colour, two (2) frames, desk, computer of the make Apple and other various items.

N.B. The said objects will be sold as described in the acts of judicial sale file number 09/19.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 29th August, 2018, following a request by Joseph Mallia et it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 1586/2018 in the names Joseph Mallia et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Joseph Mallia, pensioner, son of George and Philippa née Busuttil, born in Ħamrun on the 26th May, 1936, and residing in Marsa (ID 428336M), and his wife Mary Mallia, pensioner, daughter of Espedito Sammut and Rosina née Bugeja, born in Ħamrun on the 21st February, 1936, and residing in Marsa (ID 157136M), both residing at 168, St George, Triq Isouard, Marsa vs Deputy curators to represent the unknown direct emphyteutae, filed in the First Hall of the Civil Court on 29th August, 2018, the applicants Joseph and Mary Mallia respectfully submitted:

That the applicants acquired the flat numbered 8 forming part of a block of 10 flats with the name Tulip Flats, in Triq Quintinus, Qawra, limits of San Pawl il-Baħar, which block is bounded from the East with the said road, from the North with property of siblings Baldacchino and Mifsud, or their successors in title and from the South with the successors of siblings Baldacchino and also one sixth (1/6) of the common parts of the same block and that is the front door of the block, the stairs up till the roof and the same roof, and with the common drainage system with the other flats mentioned in the block and with the adjacent block Merill Flats as subject to the annual and perpetual groundrent of Lm1.80 equivalent to €4.19 and this as results from the attached deed in the records of Notary Doctor Victor John Bisazza (Doc. A);

The directs emphyteutae are not known to the applicants and this notwithstanding that they tried to establish who they are;

The applicants wish to avail themselves of the option that they have in terms of Article 1501 Cap. 16 and redeem the ground rent.

The sum of €4.19 capitalised at the rate of 5% amounts to €83.80;

The applicants together are also depositing the groundrent due for the last five years in the amount of €20.95.

Thus, the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €104.75 which amount may be freely withdrawn by the respondent after leaving the relative receipt according to law.

Applicants: 168, Triq Isouard, Marsa

Respondent: Superior Courts, Republic Street, Valletta

Service Director: Public Registry, Triq id-Dejqa, Valletta

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, abovementioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2597/2017 in the names Automated Revenue Management Services Ltd pro et noe vs John Meli & Co., the following publication was ordered for the purpose of effecting service on the respondent company John Meli & Co. in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To John Meli & Co - P149 of 188A, Triq id-Dejqa, Valletta

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,560.54, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000252875 for the premises 188D, Triq id-Dejqa, Valletta.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice by the Registry of the Civil Court, First Hall

Whereas Dr Alexander Schembri noe (ID 373282M) filed an application under oath (No. 453/2019/LSO) demanding correction in the Act of Birth No: 4447/2018 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, Registry of the Superior Court, today 16th May, 2019

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice by the Registry of the Civil Court, First Hall

Whereas Snejana Petersen Montebello (ID 0606198M)) filed an application under oath (No. 444/2019/LSO) demanding correction in the Act of Birth No: 6061/1998 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, Registry of the Superior Court, today 16th May, 2019

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

By a decree of the 15th May, 2019, 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 Mediterranean Trading Shipping Company Limited (C 365) on the 14th May, 2019, the approval of the said judicial acts is being demanded for the amount of €25,000 following judicial sale by auction 6/19 in the names Mediterranean Trading Shipping Company Limited vs Bastiment MT Krone, held under the Authority of the said Court on the 13th May, 2019.

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 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.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th February, 2019, in the records of the judicial protest number 13/19 in the names Falzon Group Holdings Limited et vs Nicholas Grech et noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Philip Grech and the company Kirton & Co. Limited in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Falzon Group Holdings Limited (C 1731), Waste Oils Company Limited (14999) and Falzon Fuel Services Limited (C 45894)

vs

Nicholas Grech (ID 216165M) and Philip Grech (ID 315963M) in their capacity as Directors of the company Kirton & Company Limited (C 180) and for any interest it may have Kirton & Co. Limited 

Judicial Protest of the company Waste Oils Company Limited (C1499), Falzon Group Holdings Limited (C 1731 and Falzon Fuel Services Limited (C 45894)

That the applicant Waste Oils Company Limited is creditor of Kirton & Co. Limited in the amount of €7,204.63, Falzon Group Holdings Limited is creditor of Kirton & Co. Limited in the amount of $55,342.08 and €13,200 by way of interest and Falzon Fuel Services Limited is creditor of Kirton & Co. Limited in the amount of €520,207.60 and also in the amount of $429,717.49, with interest calculated till the 16th November, 2018, this besides the interest due according to law from the due date of the relative instalments till the date of effective payment;

That on the 25th April, 2018, Kirton & Company Limited passed a resolution by means of which it resolved and decided to proceed for the liquidation and dissolution regulated by Article 227 et sequitur of the Companies Act (Cap. 386 of the Laws of Malta), and till today it does not appear, from the electronic website of the Malta Financial Services Authority and the Registry of Companies, that the nomination of a liquidator has been made;

It fully results that the company Kirton & Co. Limited was insolvent for a long time, and that neither the financial statements were sent to the Registry of Companies. In addition, notwithstanding this, the Directors continued trading and accumulating debts, when they knew or should have known that the company was insolvent and that there was no reasonable prospect that the creditors were going to be paid. To the contrary, they continued to avail themselves of credit and accumulate further debts. Therefore, the directors of Kirton & Company Limited, namely Nicholas Grech and Philip Grech are personally responsible for fraudulent trading, and this since before the liquidation of the company they traded with the intent to defraud its creditors in terms of Article 315 of Cap. 386 and in addition, the aforementioned directors are responsible for wrongful trading as they knew that, before the liquidation of the company, there were no reasonable prospects that the company could have avoided its liquidation as a result of its insolvency in terms of Article 316 of Cap. 386;

The directors of Kirton & Company Ltd continued to accumulate debts when they knew that the company was insolvent and there was no realistic prospect that it would recover from these debts;

That it should result that the respondent company and its directors conducted business of the same respondent company in such a way that they defrauded the applicants from their rights namely to collect what is due to them and gave the impression to the applicant companies that the respondent company was able to pay its debts, when they knew that this could not be done, so much so that these debts are still due today; 

All this renders the defendants personally liable for these debts and this protest is a formal notice before ad hoc procedures on the lines above are initiated on the basis of fraudulent and wrongful trading.

Therefore, whilst bringing the above to the respondents formal notice and reserving their rights according to law, they hold the respondents Nicholas Grech and Philip Grech as directors, personally responsible and this on the basis of fraudulent trading and wrongful trading according to the Companies Act (Cap. 386 of the Laws of Malta) and solicits the respondents so that within one week they come forward for the liquidation and payment of the amounts personally due for fraudulent trading and wrongful trading of the company of which they were directors and in the circumstances they are personally liable and they hold them in dolo, culpa et mora for all intents and purposes at law. 

Applicant companies:

Falzon Group Holdings Limited (C 1731), Waste Oils Company Limited (C14999) and Falzon Fuel Services Limited (C 45894), 42, Spencer Hill, Marsa

Respondents:

1. Nicholas Grech

Notification:

2. Philip Grech, 191, Triq Manwel Buhagiar, Pembroke STJ 07

3. Kirton & Company Limited (C 180), 18/19, Europa Centre, Floriana

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd January, 2019, given by the Civil Court First Hall in the records of judicial letter number 844/18, in the names Registrar of Civil Courts and Tribunals vs Alexandra Sciberras née Carachi, the following publication was ordered for the purpose of effecting service on the respondent Alexandra Sciberras née Carachi in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Alexandra Sciberras née Carachi of 34, Triton Lodge, Triq Mario Cortis, Ħ’Attard

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €3,420.26 due by you as Registry fees in connection with the law suit in the names:

Sciberras Alexis vs Director of Contracts et (SM) decided on the 18th October, 2017

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 a decree of the Small Claims Tribunal in the acts of European Small Claims Procedure of the 25th March, 2019, in the Application Number 1/17KCX in the names Janez Klobcar vs Goldcar Spain S.L. et the publication of the following extract was ordered for the purpose of service on the respondent Raymond Bezzina pro et noe in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Janes Klobcar of Stembalova Ul.36, SI-1000 Ljubljana, Slovenia, filed a Claim on the 16th February, 2017, whereby she asked the Tribunal to condemn Goldcar Spain S.L., Christian Borg in his own name and trading with the name Goldcar Malta or Goldcar Gudja or Goldcar Rental Malta and Raymond Bezzina (ID 737262M) in his own name and trading with the name Goldcar Malta or Goldcar Gudja or Goldcar Rental Malta of 15, Triq Medina Ramon Perellos, St Paul’s Bay SPB 3101, to pay the plaintiff the sum of €1522.20 which amount is due to the plaintiff which amount was illegally withdrawn by Goldcar from the plaintiff’s credit card, orders that Goldcar produces copies of the last three Vehicle Condition Reports in connection with the vehicle on or before the 1st November, 2016, and copy of the mechanical report and bill so that it will be established if the damage was of the undercarriage or of the underdoor panel and to verifiy if there was the need of three days to repair the necessary damage and without prejudice to the above declares that the behaviour of Goldcar was in violation of its contract and statutorial obligations under the Maltese Law on behalf of the applicant and that Goldcar is responsible for the damages suffered as a result of this behaviour.

The case is Application Number 1/17KCX.

Notification: Ramond Bezzina (ID 737262M) in his own name and trading with the name Goldcar Malta or Goldcar Gudja or Goldcar Rental Malta of 15, Triq Medina Ramon Perellos, St Paul’s Bay SPB 3101, Malta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3014/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Car Care Products Limited, the following publication was ordered for the purpose of effecting service on the respondent company Car Care Products Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Car Care Products Limited (C 9898) of 1, Marina Alley No. 3, Kalkara

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,279.82, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to law regarding the bill number 101000011822 for the premises Shell Filling Station, Triq il-Belt Valletta, Paola.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2247/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Hesham.A.M. El Jundi, the following publication was ordered for the purpose of effecting service on the respondent Hesham.A.M. El Jundi in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Hesham. A. M. El Jundi (ID 119116A) of Demi’s Court, Flat 2, Triq il-Palma, Swieqi

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €939.57, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to law regarding the bill number 411000092883 for the premises Flat 1, Pearl Eye Court, Triq Melqart, Marsaxlokk.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd April, 2019, Application number 581/2019, by Rose Farrugia, whereby Noel Farrugia, bachelor, son of the late Carmelo Farrugia and Maria Concetta née Galea, born in Floriana on the 25th January, 1959, and residing at Dar tal-Providenza, Siġġiewi, aged 60 and holding identity card number 116859M, was interdicted by means of a decree given on the 30th April, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 18th May, 2018, Application number 755/2018, by Rosaria sive Lucy Sorensen, whereby Lars Einar Svante Sorensen, son of Binar Sorensen and Ingrid nee Svensson, born in Solna, Sweden, on the 10th August, 1944, and residing in Mellieħa, aged 74 and holding identity card number 0015603L, was interdicted by means of a decree given on the 2nd April, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 22nd January, 2019, of the Civil Court First Hall in the records of judicial letter number 7/2019, in the names Commissioner for Revenue vs David Lauri pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To David Lauri (ID 164777M) in his own name and also as director for and on behalf of the company Fashion Retailers Limited of Flat 9, Imperial Apartments, Triq Depiro, Tas-Sliema

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €427,507.75 representing the amount due by you pro et noe 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 and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th April, 2019, Application number 631/2019 by Advocate Errol Cutajar (ID 481075M) as mandatory of Michael Bork and Maria Bork Finnich whereby he prayed that it be declared open in favour of Michael Borg and Maria Bork Finnich children of the decujus from the first marriage with Brigitte née Baewert and also in favour of Katharina Nekhorochko daughter of the decujus from the second marriage with Valentina née Nekhorochko in equal shares between them the succession of Anker Anton Bork, divorced twice, born in Haderslev (Gammel), Denmark, resided in Malta and died in Denmark on the 11th April, 2017, aged 59, holding identity card number 0114526A.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th April, 2019, Application number 609/2019 by Carmelo Tonna whereby he prayed that it be declared open in favour of Carmelo sive Charles and Alfred brothers Attard in the quota of one third (1/3) undivided share each one of them, and in favour of Robert, Tania, Simone and Winston brothers and sisters Baldacchino children of the late Doris Baldacchino, the latter sister of the decujus in the quota of one twelfth (1/12) undivided share each one of them the succession of Joseph Tonna, bachelor, son of the late Paul and Carmela née Fenech, born in Birżebbuġa, Malta and resided in Birżebbuġa and died in Tal-Qroqq, Msida, Malta on the 29th December, 2018, aged 74, holding identity card number 447944M.

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

Notice by the Registry of the Civil Court, First Hall

Whereas Yubo Massa (ID 0572693M) filed an application under oath (No. 461/2019/LSO) demanding correction in the certificate of adoption no.: 2194/2016 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, Registry of the Superior Court, today 17th May, 2019

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th March, 2019, of the Rent Regulation Board, in the records of the Application in the names Carmel sive Charles Grech vs Fabrizio Scire’, Application Number 24/2019FDP, the following publication was ordered for the purpose of effecting service on the respondent Fabrizio Scire’ in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Carmel sive Charles Grech (ID 147956M) vs Fabrizio Scire’ filed before the Rent Regulation Board on the 30th January, 2019, the applicant Carmel sive Charles Grech requests with respect:

The applicant is the owner of the premises number 82, Sacred Heart, Triq il-Ġummar, Birkirkara;

The applicant leased to the respondent the premises in question and this by means of a private writing dated 10th October, 2018, a copy of which is attached as Doc. A;

The respondent is in breach of a number of conditions of the lease including i) he did not pay the rent for January 2019; ii) he did not pay the amount due for the consumption of water and electricity; iii) he made structural works in the premises in question in breach of the conditions of the lease and iv) he allowed third parties to live in the premises or sub-let the premises to these third parties in breach of the conditions of the lease;

That in the lease agreement, it is agreed that in the event of a breach of the conditions therein set out, the lease is rescinded ipso jure without the requirement of any notice to the respondent; 

And this notwithstanding that the respondent was solicited twice for these defaults and consequently to vacate from the premises de quo;

In the opinion of the applicant, the respondent does not have any defence to bring to these claims.

Thus, the applicant requests this Board to:

1. Decide this case without proceeding to trial in terms of article 16A of Cap. 69 of the Laws of Malta;

2. Subject to any necessary declarations the respondent failed to comply with the conditions of the lease according to the writing dated 10th October, 2018, and consequently the lease is terminated in terms of the conditions of the said writing, orders the eviction of the respondent from the premises 82, Sacred Heart, Triq il-Ġummar, Birkirkara and this in terms of Article 16A of Cap. 69 of the Laws of Malta;

3. Condemn the respondent to pay the applicant the sum of €800 representing the rent due for the months of January 2019 and February 2019 amounting to €600 and the water and electricity arrears amounting to €200.

With costs and interest and the respondent is from now summoned so that a reference to his oath be made

Applicant: Rose Garden, Triq il-Mitħna, Ħal Lija

Respondent: 82, Sacred Heart, Triq il-Ġummar, Birkirkara

The application in the names Carmel sive Charles Grech vs Fabrizio Scire’, Application Number 24/2019FDP, has been postponed for hearing to the 17th June, 2019, at 9.00 a.m. 

That this application is made by means of a special summary proceedings, in which proceedings the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals