Advanced Environmental Group (AEG) wants to know to why Pacific Tugboat Service (PTS) will not return a seized barge holding its emissions control equipment.
California-based AEG has attained a 26 November court hearing ordering PTS to explain why it need not release the vessel, which owner PTS arrested on the grounds that AEG, the charteree, allegedly stole it.
AEG said it does not dispute that PTS is the registered owner but says the vessel has $10m worth of proprietary emission control equipment (AMECS) that it needs to run its business.
"For each hour defendants do not have access to AMECS, defendants are losing income," AEG said in court documents filed in US District Court for Central District of California.
California-based PTS on 9 November seized the barge, alleging AEG stole it by failing to return it after falling behind in payments in 2016 for a four-year charter through November.
Both parties in 2017 entered into a settlement agreement in which AEG would buy the barge for $900,000, but AEG failed to pay that so PTS was awarded $765,188, according to court documents.
Instead of paying the court-ordered award and agreeing to another job on new terms, PTS said AEG in late October used another tugboat to take the barge without PTS' permission.
"AEG has effectively stolen the barge," PTS said in court papers.
AEG denied PTS' allegations of stealing the barge in a 19 November response filed in the California court.
"In our opinion PTS went in to federal court and made several false statements and accusations. Basically lied to the court," AEG chief executive Ruben Garcia told TradeWinds.
"We look forward to the conclusion of this matter in court and expect favorable results."
Joseph Walsh, PTS' attorney with California law firm Collier Walsh, did not return calls seeking comment.
