Case Nos: CL-2023-000206 and CL-2023-000207 - [2025] EWHC 1591 (Comm)

Fecha: 26-Jun-2025

Section 24

2020

83.

Guarantors’ Audit Committee Report dated 10 February 2020 recorded:

In the case of M.V. Ben Nevis and M.V. Kailash, the owners have expressed their intention to take the Vessels away from GOSBV and absolve GOSBV and GOSL of all their obligations towards the bare boat charter. This process is underway and an outcome should be known shortly. In the interim, M.V. Kailash has still not been activated, in view of the lack of budgets from owners for the same. We are constantly in dialogue with the owners and are pushing for reactivation of the Vessel. The Company hopes to receive a response on this issue within a week/10 days once Chinese New Year celebration are over.

84.

On 11 May 2020 Mr Liu of Owners wrote to Mr Koli of Charterers regarding payments due in respect of the Kailash. Mr Liu stated that ‘before making payment for any of these outstanding invoices, we need to amend the contract with GOSBV first’, attaching draft ‘Framework Agreements’ in respect of both Vessels and seeking Charterers’ comments on those drafts. The draft Framework Agreements referred to a suspension of Charter hire with Owners’ option to resume or accelerate payments. Mr Garware responded on the next day seeking clarifications. On 13 May 2020 Mr Mohile of Arena wrote to Owners, cc Mr Garware, stating that while Minsheng board approval for work on the Kailash was awaited matters had escalated with two suppliers.

85.

On 22 June 2020 the Kailash was arrested at Hull by MMS by order of the Admiralty Court. On 29 June 2020 MT Kailash entered into a settlement agreement with MMS under which they paid £91,800 directly to MMS in return for the Kailash’s release. The Kailash was released by order of the Admiralty Court on 2 July 2020.

86.

On 21 September 2020 and again on 25 November 2020, Manoj Koli of Charterers wrote to Owners to warn them that Charterers would soon run out of money and be unable to pay expenses in connexion with either the Kailash or the Ben Nevis. On 25 November 2020 Mr Liu of Owners replied, stating ‘the owner will honor all the debt, including the amount paid by the manager on the owner’s behalf’.

87.

Guarantors’ board meeting minutes dated 11 November 2020 recorded that discussions with Owners to absolve Charterers and Guarantors of their liability under the Charterparties and the Guarantees remained underway.

88.

On 9 December 2020 the Ben Nevis was arrested in Rotterdam for non-payment of crew wages.

89.

By 30 December 2020 Minsheng had decided to appoint CSM as the Ben Nevis’s new managers in place of Arena.