Chennai: The Madras high court on Friday ordered arrest of the vessel TINA, flying Liberian Flag, presently lying at Kamaraj port, Ennore here.
Justice K. K. Sasidharan passed the interim order on an application arising out of a suit filed by STX Corporation, a company established under the laws of Korea, having its office at Seoul.
According to the applicant, the owner of the vessel, which was registered at a foreign port, entered into a sales contract for supply of 492.672 tonnes of residual marine fuel. The applicant supplied the required quantity of residual marine fuel to the vessel. All sales were on credit of vessel.
The invoice issued by the applicant contains a clause to the effect that “Buyer is presumed to have authority to bind vessel with a maritime lien”. It was further indicated that “Disclaimer stamps placed by vessel on bunker receipt will have no effect and do not waive the seller’s lien”.
It was the applicant’s grievance that notwithstanding the demand made for payment of US $115,038.91, the owners of TINA failed to pay the sum. The applicant finally issued a notice to the owners on March 9. Since there was no response, the applicant filed the present suit.
The judge said the documents available on record prima facie showed there was a valid claim, which would constitute both a maritime lien and a maritime claim.
The delivery receipt indicated that the applicant had supplied marine fuel to the vessel. The applicant had stated on oath that the vessel owner had not paid the amount till date. According to applicant, in case the vessel was permitted to leave the port, it would not be possible to recover the amount due.
“In view of the reasons found mentioned in the affidavit filed in support of the judge’s summons and the documents available on record, the applicant has made out a prima facie case,” the judge said.
