Businessman files injunction against Somar Steel

Somar Steel TT Limited of Venezuela, which once operated in Point Lisas, Couva, is on the verge of leaving the country due to the fall internationally in the price of steel.

Tonnes of plant and equipment have been packed into containers and was due to be shipped back to Venezuela until yesterday when a Marshall from the High Court, San Fernando and a bailiff, accompanied businessman Chris Hosein to the port and served the injunction and a writ of execution on the Harbour Master.

Hosein, a businessman of Longdenville, Chaguanas, filed a Freezing injunction on November 22, seeking a judge’s order to seize the plant and equipment contained in nine containers of Somar Steel TT Ltd, at the port of Point Lisas.

A further Order was sought according to documents filed in the High Court, San Fernando, to prevent Somar from removing its assets from the jurisdiction including equipment and steel in seven 40-foot and two 20-foot cargo containers, which are stored on the port.

Hosein also sought an Order against Somar restraining the company from loading any vessel on the port, with those containers.

And, an Order directing the Harbour Master from allowing any vessel to set sail with the goods which is bound for Venezuela.

Hosein is contending that in October 2015, he entered into a lease agreement with Somar, to rent a vehicle to the company at the rate of $10,500 per month.

He obtained a judgment against Somar for $127,930 which is accumulated costs of rental.

The court registrar sent a copy of the judgment to Somar, but the company is yet to pay the monies.

Hosein resorted to filing an injunction which came up last week Thursday before Justice Andre des Vignes in the San Fernando High Court.

Attorney Stephen Boodram instructed attorney Jeevan Andrew Rampersad for Hosein, who made submissions before the judge.

Justice Des Vignes, however, found that the levy was quite excessive and requested certain evidence be filed as regards the exact amount of equipment that needed to be seized to reflect the quantum of damages Hosein has suffered.

On three occasions the matter came up before the judge and he expressed the view that he could find no reason why the registrar could not effect the levy on the goods, but only as it relates to the value of the monies owed.

Yesterday, Hosein, bailliff Dexter Brown and a deputy Marshall of the court went to the port and served a writ of execution and the Harbour Master, in an attempt to seize the containers.

However, following legal advice, they were advised by the port officials that a certain document had to be prepared and served on the Comptroller of Customs and Excise, before the levy could take place.

Yesterday, the attorneys prepared the document and it is expected that on Monday, the levy would be carried out. Hosein is seeking to seize equipment that would also cover storage of the container, expenses and payment of his legal fees.