JAKARTA - A company engaged in the operation of a ship from Norway, Parbulk II AS (Parbulk) has filed a lawsuit with a company owned by Hutomo Mandala Putra or Tommy Suharto, PT Humpuss Intermoda Transpostation Tbk (HITS).
The lawsuit has been filed with the South Jakarta District Court (PN Jaksel) and has been registered since January 30.
US Parbulk Director Christian Due revealed that this lawsuit was filed because HITS had violated the ship rental cooperation agreement and refused to comply with the foreign court's decision.
"We were surprised to learn that the HITS Group did not only violate the terms of the ship rental agreement. But also refused to comply with the foreign court's decision on the default issue," he said in a video caption, Thursday, August 10.
Because of this, Christian Due admitted that his party suffered a loss of 48.18 million US dollars or equivalent to Rp727.51 billion (assuming an exchange rate of Rp15,100 per US dollar).
"As a result of the defaults that have been carried out by HITS, Parbulk has an fatality of at least 48,183,659.87 US dollars," he said.
Citing the facts presented, Parbulk asked the South Jakarta District Court to make a decision, accept the request for a provision decision in accordance with what was submitted by Parbulk.
Second, grant the request for a provisional decision submitted by Parbulk before examining the subject matter of the case. Third, grant the request for a provisional decision submitted by Parbulk in its entirety and declare the legal and valuable of the provisional decision on assets belonging to HITS.
Fourth, order HITS not to multiply any or part of its assets to any third party, including by selling, donating, or collecting, burdening every part of HITS' assets or actions in any way that would harm Parbulk until there was a decision that had permanent legal force.
Finally, Bulikan a request to confiscate the collateral submitted by Parbulk in its entirety and declare the legal and valuable of confiscating collateral for the assets of HITS.
In the main case, Parbulk asked the South Jakarta District Court to accept and grant the lawsuit filed in its entirety.
Then, stating that HITS' actions came to the Statement of Performance which was made and signed to undergo HITS on December 11, 2007, which is legal and legally binding.
Then, state that the Statement of Responsibility is legal and valuable according to law. Furthermore, stating that the Statement of Accountability is authentic evidence in the case.
Furthermore, stating that HITS has defaulted.
Then, punishing HITS to pay Parbulk's loss of 48,183,659.87 US dollars or equivalent value in rupiah currency based on Bank Indonesia on the date of payment by HITS.
Then state that the decision on this case can be carried out first (uitvoerbaar bij voorraad) even though there are legal remedies for verzet, appeal or cassation or rebuttal.
VOIR éGALEMENT:
Then, declare the legal and valuable of determining the confiscation of collateral. Furthermore, punishing HITS to pay the court fees incurred from this case.
For your information, based on the trial schedule quoted from the South Jakarta District Court Case Investigation Information System, the trial of Parbulk's lawsuit against HITS will be held on August 15, 2023, with the agenda of the defendant's initial evidence expert.
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