[Malaviya Twenty - resolved]
|Abandonment ID:|| 00317|
|Ship name:||[Malaviya Twenty - resolved]|
|7-digit IMO no.:||9303481|
|Port of abandonment:||Great Yarmouth, United Kingdom|
|Abandonment date:||23 August 2017|
|Notification date:||16 October 2017|
|Reporting Member Govt. or Org.:||ITF|
|No. of Seafarers:||7|
|Circumstances:||Ship owner went into liquidation June 2017.|
|Actions taken:||17 November 2017: Other|
Communicated with Manning agent, ICICI Bank (mortgagee) and liquidator (through Manning Agent) and Navigators P&I to get wages paid and repatriation.
|Repatriation status:||17 November 2017: Repatriation pending|
|Payment status:||17 November 2017: Payment Pending|
|Comments and Observations:||ITF (17 November 2017)|
Navigators P&I along with their legal representatives in this case are refusing to honor their obligations under the abandonment Policy. They are refusing to pay the crew wages on the grounds that it needs a statutory instrument in the UK parliament to bring the MLC amendment s into force before they are obliged to pay the crew wages. The situation is on going.
ITF (16 April 2018)
From: Paul Keenan
Sent: 13 April 2018 16:47
To: Katie Higginbottom
Cc: Heikki Karla
Subject: Re: Malaviya Twenty [BIRKETTS-Legal.FID8752138]
Itís all got very messy Iím afraid. Yes three crew went home and paid by Navigators. Navigators then instructed their lawyers to get their money and costs back, about £105k. Their lawyers took a lien out on the ship and at the same time the crew agreed to them including their Dec, Jan and Feb wages to the lien, which the court agreed to.
The Mumbai court had an offer on the ship of USD 800k. Problem is the port has a restraining order on the vessel which allows them to impose a fine three times what they are owed. So they were owed around 150k in February plus 3x 150 giving them a total of 600k GBP.
When everything was added up there wasnít enough money in the sale of the vessel to cover everybody and as the port refused to wave their fine the buyer pulled out. The ship is still there in Yarmouth. Four crew are still on board and we have stalemate.
Navigators lawyers are suggesting to the port that they (Navigators lawyers) arrest the vessel, move to sell through the Admiralty Marshal so long as the port agree to Navigators, their lawyers and the crew wages/repatriation being paid and the port gets whatís left, which could be 500k, not the 600K they are looking for. So far they wonít agree.
In the meantime the crew remain on board unpaid from December and the port has been paying their fuel etc with their costs mounting. Unless the port are flexible on imposing the fine I canít see this getting resolved soon.
ITF (7 June 2018)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: jeudi 7 juin 2018 15:13
To: 'David Bolomini'
Subject: RE: BBC News: Sailor stranded on ship at Great Yarmouth for 15 months
Iíve been in touch with Nautilus to this end. Also this is latest info from the ITF inspector involved fyi:
A couple of other things i have found out in recent days.
A Turkish ship owner contacted the Port Chaplin with an interest in buying the vessel. I gave him the liquidators email address as he will need to approach him direct. Again i think the buyer will want the vessel unencumbered, meaning if the port doesn't change their stance he will walk away like the others. We will see what becomes of this, if anything.
Paul Howarth, the lawyer representing Navigators and the crew, for their wages, told me that the Indian Liquidator is challenging the Ports right to claim the 3 x financial penalty as per section 44 of the Harbour, docks and Piers Act. Not heard of a court date yet.
Also Burketts are asking Navigators to authorise funds for a point of clarification from the courts on whether their Lien, including the crew wages, comes before the Ports grab for their money and the penalty. He said it is not clear that the port gets paid before the crew as a result of the distrainment order. He still thinks the Lien gets paid before the Port gets their money.
Again he is awaiting instruction from Navigators before approaching the court.
ITF (15 November 2018)
From: Jonathan Warring [mailto:Warring_Jonathan@itf.org.uk]
Sent: mercredi 14 novembre 2018 17:49
To: Noh, Jinhak
Cc: 'Jan de Boer' ; Natalie Shaw
Subject: FW: MALAVIYA TWENTY (9303481) Abandonment ID: 00317
This case can be considered resolved.
The crew arrested the vessel and the vessel was sold at auction. The crew have been repatriated on 21 September 2018 and I have now received confirmation that they have been paid in full.
Senior Legal Assistant