229-07/MEU

FREE HILL HOGAN & MAHAR, LLP

Attorneys for Plaintiff

DEV AL SHIPPING & TRADING CO.

80 Pine Street

New Yark, NY 10005

Telephone: (212) 425-1900/ Facsimile: (212) 425-1901

Michael E. Unger (MU 0045)

Lawrence J. Kahn (LK 5215)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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Plaintiff,

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REPINTER INTERNATIONAL SHIPPING

CO. SA. and MIACHART CORPORATION LLC,

Defendants.

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Plaintiff, DEV AL DENIZCILIK VE TICARET A.S.., (hereinafter "DEV AL") by its

attorneys Freehill, Hogan & Mahar, LLP, as and for its Verified Complaint against Defendants

REPINTER INTERNATIONAL SHIPPING CO. LTD. (hereinafter "REPINTER") and

MIACHART CORPORATION (hereinafter "MIACHART"), alleges upon information and

belief as follows:

1. This is an admiralty and maritime claim within the meaning of Rule 9(h) of the

Federal Rules of Civil Procedure in that it involves a claim for the breach of a maritime contract

of ships agency. This case also falls under this Court's admiralty and maritime jurisdiction

pursuant to 28 V.S.C. §1333. Jurisdiction is also proper pursuant to the Court's federal question

jurisdiction pursuant to 28 V.S.C. §1331. Federal jurisdiction also exists because the action

NYDOCSI1282309.1

Case 1:07-cv-03397-JGK Document 12-4 Filed 06/13/2007 Page 1 of 5
arises under the New York Convention on the Recognition and Enforcement of Foreign Arbitral

Awards at 9 U.S.C. §201 et seq. and/or the Federal Arbitration Act, 9 V.S.C. §l et seq.

2. At all times relevant hereto, Plaintiff DEVAL was and still is a foreign business

entity duly organized and existing under the laws of a foreign country with an address at

Fahrettin Kerim Gokay Cad. No. 14, Denizciler yP Merkezi B. Blok Floor 3/4, Altunizade,

Uskudar, Istanbul, Turkey.

3. At all times relevant hereto, Defendant REPINTER was and still is a foreign

business entity duly organized and existing under the laws of a foreign country with an office

and place of business at Guatemala.

4. At all times relevant hereto, Defendant MIACHART was and still is a U.S. business

entity duly organized and existing under the laws of Florida with an office and place of business

at 7330 NW 12thStreet, Suite 102, Miami, Florida, 33126, USA.

5. On or about April 13, 2006, PlaintiffDEV AL, as owner, and Defendant REPINTER,

as charterer, entered into a maritime contract of charter party on an amended NYPE form for the

use and operation of the M/V ORBAN DEVAL over a period of about nine to twelve months

plus or minus fifteen days in charterer's option.

6. The performance of Defendant REPINTER under the charter party was fully

guaranteed by Defendant MIACHART.

7. During cargo operations at Tanjung Manis and Bintulu on or about January 2007, the

vessel sustained significant damage to her deck, holds and log stanchions as a result of the

improper and negligent practice of stevedores which had been hired and retained by one or more

non-parties which had sub-chartered the vessel from REPlNTER or its sub-charterer.

NYDOCS 11282309.1 2

Case 1:07-cv-03397-JGK Document 12-4 Filed 06/13/2007 Page 2 of 5
8. Said damages were so severe that the vessel was required by her classification

society to undergo repairs prior to being able to continue trading once REPINTER had allowed

the classification society to inspect her.

9. The vessel is presently underway to Turkey where she will undergo repairs.

10. Pursuant to the terms of the charter party, Defendants REPINTER and its guarantor

MIACHART are responsible for all damages incurred by DEVAL caused by stevedoring

operations.

11. As presently as can now be best estimated, the cost of repairs, loss of profit during

the time the vessel will undergo repairs, and other associated costs will total $700,000.00.

12. Despite due demand by PlaintiffDEV AL, Defendants REPJNTER and MIACHART

have failed and otherwise refused to pay for the repairs, loss of profits and associated costs.

13. Pursuant to the terms of the charter party contract, all disputes arising thereunder are

to be submitted to London arbitration with English law to apply.

14. Plaintiff DEVAL will soon commence London arbitration proceeding as against

Defendants REPJNTER and MIACHART in accordance with the terms of the contract.

15. Plaintiff expressly reserves itsright to arbitrate the substantive matters at issue.

16. Upon information and belief, and after investigation, Defendants REPINTER and

MIACHART cannot be "found" within this district for the purpose of Rule B of the

Supplemental Rules of Certain Admiralty and Maritime Claims, but Plaintiff is infonned that

Defendants have, or will shortly have, assets within this District comprising of, inter alia, cash,

funds, credits, debts, wire transfers, electronic funds transfers, accounts, letters of credit, freights,

NYDOCSl1282309.1 3

Case 1:07-cv-03397-JGK Document 12-4 Filed 06/13/2007 Page 3 of 5
WHEREFORE, PlaintiffDEV AL SHIPPING & TRADING CO. prays:

a. That process in due fonn of law according to the practice of this Court in

admiralty and maritime jurisdiction issue against the Defendants, citing it to

appear and answer under oath all and singular the matters alleged, failing which a

default will be taken against it in the principal amount of $700,000.00,plus

interest, costs and attorneys fees;

b. That since Defendants cannot be found within this District pursuant to

Supplemental Rule B, all tangible or intangible property of the Defendants, up to

and including the sum of $1,187,769.26,be restrained and attached, including but

not limited to any cash, funds, credits, wire transfers, electronic funds transfers,

accounts, letters of credit, debts, freights, sub-freights, charter hire, sub-charter

hire, and/or other assets of, belonging to, due or for the benefit of the Defendants

(collectively "ASSETS"), including but not limited to such "ASSETS" as may be

held, received or transferred in its own name or as may be held, received or

transferred for its benefit at, through, or within the possession, custody or control

of such banking institutions and/or any such other garnishees who may be served

with a copy of the Process of Maritime Attachment and Garnishment issued

herein; and

c. That this Court retain jurisdiction over this matter for purposes of any subsequent

enforcement action as may be necessary; and

NYDOCS11282309.1 5

Case 1:07-cv-03397-JGK Document 12-4 Filed 06/13/2007 Page 4 of 5
MELISSA COLFORD

Commissioner of Deeds

City of New York-No. 5-1692

Certificatc Filed in New York

Commission Expires 4/116 '8

NYDOeS 1/282309.1

d.

6

For such other, further and different relief as this Court may deem just and proper

in the premises.

Dated: New York, New York

April 30, 2007

NYDOeS 11282309.1

FREEHILL HOGAN & MAHAR, LLP

Attorneys for Plaintiff

DEV AL SHIPPING & TRADING CO.

By:

6

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