Arrest warrant issued on 'Formentera'
 

by Sarath Malalasekera

Colombo High Court Judge Ms. Rohini Perera, exercising its Admiralty Jurisdiction, had issued a warrant for the arrest of vessel "Formentera" now lying at the Port of Galle.

Issuing the warrant, the Judge said that within two weeks after the service of this writ, exclusive of the day of such service, you do cause an appearance be entered for you in the above named action and take notice that in default of your so doing the said action may proceed therein, and judgement may be given in your absence, and if the rest described in this writ is then under arrest of the Court, it may be sold by order of the Court in satisfaction of the judgement and decree.

Plaintiff Master Divers (Pvt) Limited, Maritime Centre, Galle Road cited Vessel/Barge "Formentera" as defendant.

The plaintiff is a company duly incorporated under the Laws of Sri Lanka and carries on business, inter alia, of providing marine and underwater services, including salvage services.

The plaintiff stated that Vessel/Barge "Formentera" was towed into the territorial waters of Sri Lanka and to the Port of Galle, to be used as a floating storage facility for Liquefied Petroleum Gas (LPG) in connection with a LPG business that was undertaken by Mundo Gas Lanka (Pvt) Limited.

The plaintiff stated that the Vessel/Barge "Formentera" could generate a revenue of over US$ 500,000 per annum, when in operation. If the said selvage services were not rendered, the Vessel/Barge "Formentera" would have suffered complete and total destruction and substantial damage which would have thereby deprived the Mundo Gas S.A. of this valuable Asset and property.

In the circumstances, the plainff stated that if the said Salvage services were not rendered and the said Vessel/Barge "Formentera" successfully preserved, the said Mundo Gas S.A. would have suffered loss and damage which at its minimum, could be reasonable estimated at US$ 5,000,000.

The plaintiff also stated that due to the said salvage services that were rendered by the plaintiff and the Tug "Silk Route Supplier" and its master and crew, the plaintiff was able to successfully preserve an assets/property of immense worth and value to the aforesaid Mundo Gas S.A.

For the reasons enumerated above there is a brave and imminent threat and risk that the Vessel/Barge "Formentera" will be removed out of the jurisdiction of this court and the territorial waters of Sri Lanka before the plaintiff's aforesaid claim of United States Dollars Five Million is satisfied.

Therefore, the aid and process of this court is needed to enforce the said claim.

President's Counsel Desmond Fernando with Suren De Silva, Dilshan Sirimanna, Ms. Damayanthi Francis instructed by K. Poobalasingham of KP Law Associates appeared for the plaintiff.