Malta Bunker Dispute: Feyza Genç Owners Say Arrest Warrant Unfair, Supplier Says Bunker Bill Still Unpaid

Feyza Genç is understood to haven been supplied with 50 mt of Gasoil on June 8, 2014 in Malta.

The owners of general cargo ship Feyza Genç, which last month was reported to have fled Malta after a local court issued an arrest warrant over €45,818 ($50,679.75) in alleged unpaid bunker bills, has told Ship & Bunker that the bill has been paid.

However the physical supplier has told Ship & Bunker that the bunkers have still not been paid for, over a year after they were supplied.

The bunkers in question are understood to be 50 metric tonnes (mt) of Gasoil that was supplied on June 8, 2014 in Malta to vessel owners GNC Shipping through Turkish trader Global Bunkers Ltd (Global Bunkers), with Cassar Fuel Limited (Cassar Fuel) as the physical supplier.

"We paid the bill in time accordingly," a spokesperson for the owners said in an email to Ship & Bunker, adding that they have tried to contact Global Bunkers about the situation but the their phone calls have gone unanswered.

"[The] arrest attempt is totally malicious and unrightful. We are a good, trustful company with good reputation on the market. We keep all our rights reserved and will take necessary legal steps about this arrest."

However Cassar Fuel says the bunker bill remains unpaid, and that despite multiple attempts, it too has been unable to speak to Global Bunkers on the matter.

"We would like to stress the point that we have not received any money in respect of the bunkers supplied in Malta on the 8th of June 2014. Hence the allegations of the spokesperson are unfounded both in law and in fact and the responsibility still lies on the vessel since the supply was delivered on board m/v Feyza Genc," a spokesperson for Cassar Fuel told Ship & Bunker, adding that the Bunker delivery receipt was signed by the Master and stamped with the ship stamp.

"The Courts accepted our application and issued the warrant of arrest, based on the action in rem which states that: The object of the lawsuit is to determine the disposition of the property, regardless of who, the owner is or who else might have an interest in it. Interested parties might appear and make out a case one way or another, but the action is in rem, against the things.

"The vessel's action to escape from Malta while under custody, is a contempt to the Courts and to the other Authorities. Should GNC Shipping have wished to challenge the warrant of arrest, they should have found other legal remedies, but definitely not by sailing away from Malta.

"The Master who is the person in charge onboard and who was also notified by the Court Marshalls, is now liable for his and the vessel's actions. The Shipowners should make attempts to settle the issue out of Court and lessen the harm done. Effecting payment and close the claim would definitely mitigate the breach. Their attempt to justify the blatant breach cannot in any manner justify the illegality committed."

Ship & Bunker has so far been unable to reach a spokesperson at Global Bunkers for comment on the matter.

As Ship & Bunker previously reported, Feyza Genç left Malta after a warrant of arrest was issued by the Civil Court of Malta.