Dispute over Aframax ownership hots up

Jan 25 2019


Libyan Navigator Limited, the registered owners of the Aframax ‘Badr’ and GNMTC/Libya as operators, have issued a statement regarding the fate of the ship.

In November, 2017, while calling at Bourgas, ‘Badr’ was arrested by the Harbour Master, as security for a future claim of the Bulgarian partnership Bulgargeomin (BGM), a consortium of three companies - Moran West Ltd, Moran Trade and “Tectona Ltd - the Libyan companies alleged in the statement.  

The secured future claim was allegedly planned by BGM and intended to be based on a Greek maritime mortgage on the Aframax.

On 29th January, 2018 the arrest order was unconditionally revoked by The Supreme Court of Bulgaria [SCB] claiming that BGM had no rights to claim and because it had not got corporate legal status to allow the consortium to be a valid party in any court procedures. The eventual future BGM claim against the shipowners was not lodged.

On basis of a. Supreme Court ruling on 31st January, 2018, the Harbour Master released ‘Badr’ but on the same day, he again detained the ship.

This second detention was based on instructions given by court bailiff, Totko Kolev, to the Harbour Master. He had asked Harbour Master to stop ‘Badr’ leaving Bourgas, as BGM had obtained a court execution order dated 12th January, 2018 that was based the direct execution of the Greek mortgage upon the ship.

The second detention order was also revoked by The Supreme Administrative Court of Bulgaria [SAC] as illegal.

As listed on the official certificate of The Libyan Maritime and Port Administration (where the ship is registered) until now, there were no encumbrances and no Greek mortgages attached to the ship. There was just one mortgage in favour of Libyan Ministry of Finance.

Meanwhile, it was revealed that the Greek mortgage was forged, the Libyan companies claimed. The Greek notary officially stated that the mortgage does not exist and was never performed and never registered. Criminal proceedings were started, which is now pending in Greece against the person who allegedly cheated the notary.

Kolev initiated a public auction of the ship in Bourgas. The auction was stopped by the Court on 6th February, 2018 and later again with a second Judicial Order dated 20th April, 2018. The court bailiff was ordered to hold the auction because of the suspicious status of the Greek mortgage.

Ignoring the law and the court rulings, the court bailiff allegedly continued with the auction. Moreover, on 30th August, he issued an Order for Awarding (writ of ownership), and claimed that the latter was served to Libyan Navigator through his lawyer.

It was later revealed that some judicial documents were forged together with the LN lawyer’s signature. The Order of Awarding did not enter into a valid legal force, the Libyans alleged. At the moment, the appeal proceedings against the Order of Awarding is still pending.

The Libyan shipowners have appealed against Tolev’s actions. The basic start up of the auction, as well as some of the documents concerned were finally revoked by The District Court of Bourgas on 21st December, 2018, which makes the auction invalid, the owners claimed.

Unfortunately, the judgment was dated 21st December but was visible as text until the 27th December. In the meantime, the vessel’s crew and flag were changed by force applied by ‘Border Police’ officers and by officers of ‘Maritime Administration’ together with private security guards, the Libyan’s said.

On the same day, 27th December, 2018, the Panama flag state suspended the provisional Panama-flag certificate declaring that it was issued on basis of false documents served by BGM.

Despite these letters and meetings, on 28th December, between midnight and 0100 hours, the vessel with a new crew on board left Bourgas with permission to sail issued by the Bulgarian Marine Administration.

During this time, LN claimed that the company was the only valid and undisputed shipowners of ‘Badr’. Ignoring the law and specially ignoring the International Law of the Sea and neglecting all the above mentioned obligatory court acts and official documents, unknown persons, actively supported by the Bulgarian Border Police and by the HM and by using private security guards (according to her crew and the Master’s reports) on 21st December, 2018, boarded the Aframax.

From 21st to 27th December, all the relevant Bulgarian authorities were informed of  all the details and were officially notified about these illegal actions – The Prosecution, The Ministry of Justice, The Ministry of internal Affairs, The Border Police, The Marine Administration, The Ministry of Foreign Affairs.

At the moment the appeal proceeding against the possession transfer of the vessel is pending. Also, there is an appeal proceeding against Marine Administration’ Sailing Permission that was allegedly wrongfully and unlawfully issued and that allowed the  ship to leave Bourgas under the control of BGM.

It was also revealed that based on misleading documents, the flag of the ship was changed to Panama and BGM had claimed to be the new shipowner.

On 27th December, 2018, the Panama Maritime authorities suspended the provisional Panama flag certificate.

LN claimed it hadn’t received a single letter or response to any of its notifications or applications for information, except from the prosecution office who informed, via public media, that there was a criminal investigation underway.

 



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