KARACHI, Oct 14: Justice Ataur Rehman of Sindh High Court Tuesday issued notice to a Greek company, Tsavliris Russ, and the Karachi Port Trust on miscellaneous applications filed by Global Tradeways in a suit for recovery of US$1,401,559 as compensation against defendants and ordered that the salvage tug “S/T SB-408” of the defendant company will not be removed from the jurisdiction of the court.
Plaintiffs (owner of Panama flag tanker vessel M.T Sea Angel) prayed to the court to arrest the salvage tug of defendant company with its tackles, apparels and appurtenances presently at Karachi port until US$1,401,559 equivalent to Rs 81,290,422 is deposited with the Nazir of SHC.
It was submitted that the defendant company was engaged to provide salvage services to M.T Tasman Spirit vessel that ran aground on July 27, at the entrance of channel of Karachi Port and spilled tones of crude oil in sea creating hazardous environmental pollution. The company was operating two tugs namely, S/T Umka and S/T SB-408 for towing while providing salvage services to the grounded vessel.
The plaintiff stated that the salvage company in order to provide lightening operation to grounded vessel chartered its vessel M.T Sea Angel and entered into a charter party contract on Aug 24.
The hire charges for plaintiff vessel was fixed at US$13,000 per day pro rata, excluding bunkers, fuel, lubes and fresh water consumption used for tank cleaning as per charter contract. It stated that the defendant company, in all, paid US$312, 000 for hire charges and US$44,000 towards bunkers charges.
His counsel submitted that the defendants were required to give a minimum five days of port of redelivery and three days definite notice. Though its broker gave three days definite notice of redelivery of plaintiff’s vessel to plaintiff on Sept 9, and lightening operation of grounded vessel was completed on Sept 12, but the defendant failed to redeliver vessel and it was fixed for further employment with other charter.
Due to the said act of the defendant, he stated that the plaintiff suffered heavy financial loss, as much as various fixtures for further chartering of vessel could not be committed and the other charterers are demanding claim from the plaintiff.
He stated that it was revealed that the vessel is detained by the KPT for reasons best known to them. It added it had also come to their knowledge that the defendant company in order to pay charges of KPT and for releasing tugs and other equipments will dissipate any of its assets.
The court was prayed to decree in favour of plaintiff in sum of US$1,401,559 against defendants jointly and severally and grant injunction and upon failure to furnish security direct vessel S/T SB-408 be sold and claim of plaintiff be satisfied against sale proceed of salvage tug.
ARMS CASE: A division bench of Sindh High Court, comprising Justice Wahid Bux Brohi and Justice Rehmat Hussain Jaffery, on Tuesday dismissed an appeal by Mohammad Ashraf against his conviction in an illegal arms case, but reduced his five year RI to three years.
The appellant was sentenced to five years RI by Special judge of STA court Malir Karachi on July 24, on charge of possessing illegal weapons.
The court after hearing arguments of both side counsels dismissed the appeal with modification.—PPI
