Dan-Bunkering (Singapore) Pte Ltd is seeking a bunker claim of approximately USD 1 million (exact: USD 999,722.40) from Singapore-registered Berlanga Myanmar Pte Ltd at the High Court of the Republic of Singapore, according to documents obtained by Manifold Times.
The claim relates to the delivery of marine gas oil (MGO) to receiving vessels Pacific Diligence (claim: USD 86,700), Pacific Valkyrie (claim USD 335,052), Pacific Defiance (claim: USD 260,100), Crest Alpha 1 (claim: USD 41,250), and Pacific Warlock (claim: USD 110,000) between March 2020 to April 2020.
In addition to the USD 833,102 for bunkers delivered to the above five vessels, Dan-Bunkering is also claiming compensation of 20% over the outstanding amount which has been calculated at USD 166,620.40; in total, the claim adds up to USD 999,722.40.
Berlanga Myanmar is currently undergoing two other legal suits at the High Court of the Republic of Singapore.
The first suit filed on August 2020 relates to a USD 209,881.61 claim from Aztech Well Construction International Pte Ltd, while the second suit filed on June 2020 relates to an approximate USD 4.78 million claim from an unnamed company over unpaid invoices.
Documents also noted the three former directors (2nd, 3rd, and 4th defendants) of Berlanga Myanmar (1st defendant) resigning on 31 August 2020.
“In the circumstances, the plaintiff states that the business of the 1st defendant and its act in incurring debts that it was unable to repay was clearly unsustainable,” alleged legal representatives of plaintiff Dan-Bunkering.
“The plaintiff was deceived or misled and the 2nd, 3rd and 4th defendants had gained an unjust advantage or benefit for the 1st defendant and for themselves as parties with a direct interest in the 1st defendant.
“The 2nd, 3rd and 4th defendants had no reasonable or probable ground of expectation that the 1st defendant would have been able to repay the incurred invoices, at the time of entering into the said transactions.”
Legal representatives of Dan-Bunkering (Singapore) Pte Ltd and Berlanga Myanmar Pte Ltd have been scheduled to meet at the High Court of the Republic of Singapore in January 2021 for further discussion on the matter.
Photo credit: Manifold Times
Published: 6 January, 2021
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