High Court orders arrest of vessels

Summons to owners

Sarath Malalasekera

COLOMBO: Colombo High Court Judge Upali Abeyratne, exercising Admiralty Jurisdiction has issued summons to owners and order for the arrest of vessels M.V. Malakas (Tug Boat), lying at the Galle Port, together with Barge Nazil 2002 grounded in the sea of Galle.

The plaintiff CEC Shipping (Pvt) Limited, Biyagama Road, Kelaniya cited M.V. KALAKAS (Tug Boat) and S. Ahmadi of Talaeiyeh Joonob Agency Co. St. Borge Safid Building, Bushehr, Iran as defendants.

President's Counsel K.C. Kamalasabeyson with Rajeendra Jayasinghe instructed by K. Ganeshayoga supported the application before court.

The plaintiff in his plaint stated that they conduct inter alia, the business of shipping agency and in the course of its business supplies the vessels with essential goods, equipment and other necessities arranges and provides insurance and also takes steps to protect and preserve the vessels and cargo, if required by the owners.

The plaintiff also stated that around December 2006 MV Malakas together with Barge Nazil 2002 sailed from Penang, Malaysia and was proceeding to Iran. During the course of the voyage, near Sri Lanka, it developed engine problem and was permitted by the relevant Sri Lankan authorities to enter the Port of Galle for repairs.

However, due to security and safety reasons the Barge Nazil 2002 was not permitted within the harbour area and was therefore detached from M.V. Malakas and anchored outside the harbour. On January 23, 2007, the owner, defendant, appointed the Plaintiff as the Agent of the first defendant. The repairs to vessel was being handled by Messrs Oceanic Engineering Limited, Parakumba Mawatha, Kolonnawa.

The plaintiff has from time to time expended moneys towards the maintenance, supply of essentials and other items, insurance and provision for lighting of the M.V. Malakas and Barge Nazil 2002 aggregating to a sum of US$53151.50.

The plaintiff has made several attempts to communicate with the owners, the second defendant. However, the second defendant had failed and neglected to respond to the communications.

The plaintiff stated that he believe that the second defendant is deliberately avoiding communicating with the plaintiff. The plaintiff in his plaint also stated that the Barge Nazil 2002 was permitted by the Port Authorities to anchor at sea off the bay of Galle.

However, in the early hours of May 12, 2007 due to rough weather, she parted her anchor and ran aground. The Barge Nazil 2002 being a part of M.V. Malakas has to be re-floated without delay in order to prevent damage and obstructions being caused to the Port of Galle and the plaintiff has been required by the relevant authorities to take immediate steps to re-float and remove the Barge from its present location to safe water.

The estimated cost of this operation is approximately US$400,000 which the Plaintiff undertakes to incur in order to ensure that no damages or obstructions is caused to the Port of Galle and its security zone.

"I believe that upon the completion of the repairs, the Master and the crew are likely to sail away from the Port of Galle and continue with their voyage in M.V. Malakas to Iran," the plaintiff stated in the plaint.

The plaintiff stated in the circumstances I respectfully move Court to issue a Writ of Summons and for an order for the arrest of the first defendant until the plaintiff's claim are satisfied.