By T. Farook Thajudeen
The Colombo Commercial High Court yesterday issued another warrant for the arrest and detention of the cruise ship M.V. Scotia Prince that was used in the Colombo-Tuticorin ferry service on charges of having defaulted payments on account of goods and materials supplied, agency fees and services rendered to Scotia Prince for her operation by the plaintiff Tradex Shipping Co. (P) Ltd. of No 24, Bagawantham Street, Chennai, India.
Judge P.W.D.C. Jayathilaka issued the warrant to the Colombo Port Marshal directing him to detain the vessel after considering the submissions made by Counsel Damayanthi Francis instructed by K. Poobalasingham of K.P. Law Associates.
Damayanthi who appeared for the plaintiff submitted that the during June to November 2011 the plaintiff at the request of Flemingo Liners Pvt. Ltd. in Mumbai, the operators of the defendant vessel M.V. Scotia Prince acted as agent of the said vessel at the port of Tutocorin.
The Plaintiff had supplied crew and made supplies and rendered services to the vessel for her operation by placing 50 Indian crew onboard at the request of the Flemingo Liners. The crew worked as catering crew front desk crew and hospital crew. The plaintiff claim that those crew members had not been paid their wages and they were requesting the plaintiff company for settlement of their wages, compensation and repatriation costs.
The plaintiff asserts that the plaintiff is bound to make those payments as the plaintiff is the holder of the recruitment license. The Plaintiff claim that the crew wages compensation and repatriation will costs the plaintiff a sum of Indian Rs. 7,000,000.
The plaintiff also claim that a further sum of Indian Rs. 14,788,444.73 is due to the plaintiff on account of goods and materials supplied and agency fees and service rendered to the vessel.
Court noticed the defendants to appear in court on 12 January 2012.