HC orders detention of Liberian on suit by South Korean firm

Don't want to miss the best from Business Standard?

The Madras High Court today ordered the detention a cargo vessel "TINA' flying Liberian flag and at present docked at Kamarah Port in Ennore here on a suit from a Seoul-based South Korean company that claimed that its dues for supply of fuel have not been cleared.
Passing the interim order, Justice K K Sasidharan also issued notice to the owners of the vessel returnable byMarch 28 and posted the matter for filing report on March 16.
In its civil suit, STX Corporation, a company established under the laws of South Korea having its office in Seoul, sought a direction to arrest the ship for "defaulting" on payment for the fuel supplied.

The Judge said in his order that the documents available on record "prima facie show that there is a valid claim which would constitute both a maritime lien and a maritime claim."
According to STX Corporation, the owner of the vessel had entered into a sales contract for supply of 492.672 tonnes of residual marine fuel and the same was supplied.
Though a demand was made for payment of USD 115,038.91, the owners of TINA failed to pay the amount.

The Judge noted that the delivery receipt indicates that the company had supplied marine fuel to TINA and STX Corporation had stated on oath that the owner of the vessel had not paid the amount till date.

The plaintiff submitted that in case the vessel was permitted to leave the port, it would not be possible to recover the amount due from its owner.
The Judge appointed advocates Ms. Sumithra and A S Bharathy as commissioners to assist in the arrest of the vessel.