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News / Legal/ Monjasa in bunker claim against “Jutta”; operator may counterclaim over alleged off spec fuel

Monjasa in bunker claim against “Jutta”; operator may counterclaim over alleged off spec fuel

31 Jan 2020
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Global oil and shipping group Monjasa Ltd has initiated a bunker claim against shipping agency Blumenthal Asia Pte Ltd, the Singapore subsidiary of German shipping firm Johann M. K. Blumenthal Gmbh & Co. KG, over fuel delivered to the bulk carrier Jutta (IMO 9730402).

The latest hearing of the development was held at the High Court of the Republic of Singapore in a pre-trial conference on Thursday (30 January), according to legal documents obtained by Manifold Times.

Monjasa was seeking a principal sum of USD 316,726.87 for 696.103 mt of 3.5%S 380 cSt grade fuel oil supplied to Jutta at Pasir Gudang, Malaysia from about 2 to 4 September 2019, not including interest, legal fees, and other expenses.

Blumenthal Asia was requesting for the extension of a time limit for serving its defence to 13 March 2020, as it wanted to obtain additional legal advice due to the bunker contract being signed under U.S. law.

In addition, Blumenthal Asia notes it may be submitting a counterclaim against Monjasa over the delivery of alleged off-spec bunkers (separated into two parcels) to Jutta.

“The defendant disputes its liability to pay because it says the bunkers are off specification,” said Monjasa’s legal representative during an earlier court hearing on 16 December 2019 in an application for the ship’s arrest at Singapore port.

“Blumenthal alleged that the first parcel of bunkers was off specification, had an unusual colour and that the barge’s manifold was not compliant with the contract […] they allege that both parcels were off specification.”

A Warrant of Arrest was issued by the Singapore court for Jutta on 16 December 2019, and the bulker was subsequently arrested on the next day; it was released on 19 December after Blumenthal Asia furnished payment of USD 700,000 to the court as security over Monajsa’s claim.

 

Photo credit: MarineTraffic / V. Tonic
Published: 31 January, 2020

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