ASIATODAY.ID, JAKARTA – PT Humpuss Intermoda Transportasi Tbk (HITS), was declared victorious in a breach of contract lawsuit by a company from Norway, Parbulk II AS.
The South Jakarta District Court completely rejected the lawsuit filed by the Norwegian company, Parbulk II AS against Humpuss Intermoda Transportasi.
“Judgment in provision rejects the plaintiff’s provisional demand. Grants the defendant’s exception,” said the decision of the South Jakarta Court Judge on Tuesday, December 12 2023.
In the main case, the judge also emphasized that the entire lawsuit, namely Parbulk II AS, was unacceptable and sentenced the plaintiff to court costs of 712,000 rupiah.
Quoted from the company’s information disclosure on Wednesday, December 13 2023, it was stated that with this legal decision, the lawsuit has a clear legal status by winning the issuer codenamed HITS shares.
Meanwhile, Humpuss Intermoda Transportasi attorney, Alfin Sulaiman, welcomed the decision of the Panel of Judges positively.
“Of course we really appreciate what the South Jakarta District Court judge has decided. We welcome it positively and accept our arguments and counterarguments of course,” said Alfin Sulaiman in his press release.
Previously, this case started when Parbulk said that HITS, through its subsidiary Humpus Sea Transportation Pte., Ltd., namely Heritage Maritime Ltd., SA, had defaulted on the Letter of Undertaking dated December 11 2007.
The Letter of Undertaking was initially created in the context of a Bareboat Charter (BBC) rental collaboration between Heritage and Parbulk II AS. At that time Parbulk agreed to lease the MV Mahakam to Heritage at a rental rate of $38,500 per day for a period of 60 months from the date of receipt of the vessel on December 14 2007 with a Letter of Undertaking as a guarantee.
However, due to the impact of the global financial crisis in 2008, rates for ship transportation services at that time fell by 70% and Parbulk II AS did not change the value of the charges charged to Heritage.
Heritage objected to making payments because Heritage had returned the ship to Parbulk II AS to fulfill the contract, considering that the transaction was carried out under a hire-purchase scheme. However, because the issuance of the Letter of Undertaking carried out by the previous management was an unlawful act, HITS finally filed a civil lawsuit at the South Jakarta District Court on October 5 2009.
At that time, the lawsuit was partially granted by the South Jakarta District Court on May 11 2011 and stated that the Letter of Undertaking issued by HITS was an unlawful act and did not bind the company. (AT Network)
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