MV Queen Arrow 1 arrested over non-settlement of payments

By T. Farook Thajudeen

The Colombo High Court this week issued warrant for the arrest of MV Queen Arrow 1, which is lying at the Port of Colombo in respect of a claim made in terms of Section 2(1) (1) (i) of the Admiralty Jurisdiction Act No. 40 of 1983 due to non-settlement of payments in respect of goods or materials supplied to a ship for her operation or maintenance.

Counsel Damayanthi Francis instructed by K. Poobalasingham of K.P. Law Associates appearing for Director Nishantha Cooray of the Plaintiff Company Air Inn Hansa Marine Enterprises (Pvt) Ltd. of No. 17, Upper Floor, Super Market Building, Colombo 3, submitted that the defendant vessel MV Queen Arrow 1 carrying the Panama flag, against which this action is brought, is in ownership of Cement Ship Jnvest II AS, 6th Floor, 81, Akti Miaouli, 185 38, Piraeus, Greece.

The Counsel said the ISM Manager of the defendant vessel are Sekur Holdings Inc of 6th floor, 81, Akti Miaouli, 185 38, Piraeus, Greece and the Managers of the defendant vessel is the said Sekur Holdings Inc of 6th Floor, 81, Akti Miaouli, 185 38, Piraeus, Greece.

The plaintiff’s Counsel stated that at the request of the said Sekur Holdings Inc, the plaintiff made several supplies of goods and materials to the defendant vessel MV Queen Arrow 1 for her operation or maintenance.

The invoices in respect of US$ 104,569.49 of supplies were forwarded to Sekur Holdings Inc., which is due to the Plaintiff on the aforesaid invoices on account of goods or materials supplied to the defendant vessel MV Queen Arrow 1 for her operation or maintenance. However, no owner or part owner of the defendant vessel MV Queen Arrow 1 was domiciled in Sri Lanka at the time the supplies were made.

In spite of numerous requests and demands, Sekur Holdings Inc. has failed and neglected to settle the said sum of US$ 104,569.49. The Counsel contended that Sekur Holdings Inc has repeatedly sent emails accepting liability and agreeing to make payment.

In the circumstances a valid claim of the said sum of US$ 104,569.49 together with legal interest and costs of suit has arisen to the Plaintiff against the defendant vessel and the said claim has not been satisfied.

The Counsel stated that the defendant vessel MV Queen Arrow 1 is expected to leave the territorial waters of Sri Lanka and thus prayed to issue writ of summons in rem and warrant of arrest on the defendant vessel MV Queen Arrow 1.

High Court Judge M. Samayawardena issued warrant for the arrest of the vessel. The vessel was arrested and is presently lying at the Colombo Port.