Pola Maritime is going after Arm & Hammer Animal Nutrition for money it is trying to collect from Agrobusiness United for goods it should not have received almost two years ago.
In November 2015, Agrobusiness United Afrique received a shipment of soybean meal and yellow corn from Nord's 37,200-dwt N Schelde (built 2013) that should have gone to Agroglobal.
In May 2016, Agroglobal arrested the N Schelde, which was on time charter to Pola, in response to the allegedly incorrect delivery.
Nord followed with its seizure of the Pola Onega in New Orleans, arguing it refused to pay for defence against Agroglobal's claims.
Last week, Pola filed a lawsuit against Agribusiness in the federal district court of New Jersey seeking $5.7m from Agribusiness debtor Arm & Hammer, including Nord’s $5m indemnity claim against Pola.
Pola is pursuing Arm & Hammer for the money because Agribusiness and its related businesses, including Agribusiness United Savannah Holdings, were found to have insufficient funds.
Abderrahim Abou el Oufa, owner of Agribusiness, used the company's money to pay for luxury apartments and a luxury spa and resort in California.
"The Agribusiness United/Sonada web of corporate entities are nothing more than a shell game designed and used with the intent to defraud creditors," the lawsuit states.
In August, Pola began arbitration proceedings against Agribusiness in accordance with London Maritime Arbitrators Association rules.
Attempts to reach Agribusiness, Pola and Pola's law firm Tisdale Law Offices were unsuccessful.
