More Supermarket of Ħamrun and Daniel’s Shopping Complex did battle in court yesterday over a garnishee order issued by the latter in a bid to recoup €380,000 in unpaid bills.
The supermarket operated from the complex, which has obtained a temporary garnishee order on More over €215,000 in unpaid rent and €165,000 in outstanding water, electricity and maintenance bills.
The supermarket has applied to have the temporary order revoked, and the First Hall of the Civil Court yesterday postponed to January the decision on whether to uphold the order.
The application for the garnishee order – a warrant of seizure of assets – was filed by Agdel Limited, which rents the shopping complex from the owners and sublets it to third parties.
Its assertion that they are owed those monies is science fiction
Appearing for More Supermarkets Ħamrun Limited, lawyer James D’Agostino argued that the court ought to turn down the request as there were no juridical relations between Agdel Limited and More Supermarkets Ħamrun Limited.
He explained that the contract for the rental of the supermarket had been signed between Agdel Limited and Cassar and Schembri Company Limited.
One of the directors of the latter company is Ryan Schembri, the meat importer who fled Malta and is being sought by creditors.
“Agdel Limited is clutching at straws because of the mess that Ryan Schembri left behind him. Their assertion that they are owed those monies is science fiction,” Dr D’Agostino said.
Lawyer Stefano Filletti, representing Agdel Limited, rebutted that last May, More Supermarkets Ħamrun Limited acquired the shares of Cassar and Schembri Limited in the supermarket.
The company had written to Agdel requesting that rental invoices be issued on it rather than Cassar and Schembri.
“From what we are seeing in the newspapers, there is no way that we can recoup any of the funds we are owed unless we freeze the company’s assets in the form of equipment. It is More Supermarkets Ħamrun Limited that wanted to be recognised as the new tenant so the relation is obvious,” he said.
Dr Filletti accused More Ħamrun of using the corporate veil to try to wriggle out of its debt, saying there were five companies involved in its operation.