Kerala High Court Orders Arrest Of Ship In Suit Filed By Cargo-Owner Affected By MSC Elsa 3 Wreck
The Kerala High Court on Thursday (12th June) ordered conditional arrest of MSC Manasa F after proprietor of Mangalath Cashews filed a suit claiming damages over his cargo that was sunk with MV MSC Elsa 3. As per his claim, both the ships are managed/ controlled/ owned by MSC Mediterranean Shipping Co SA, even though they are registered in the name of its 2 sister companies.MSC Manasa F...
The Kerala High Court on Thursday (12th June) ordered conditional arrest of MSC Manasa F after proprietor of Mangalath Cashews filed a suit claiming damages over his cargo that was sunk with MV MSC Elsa 3. As per his claim, both the ships are managed/ controlled/ owned by MSC Mediterranean Shipping Co SA, even though they are registered in the name of its 2 sister companies.
MSC Manasa F was anchored at Vizhinjam Port. The petitioner has raised a claim of Rs. 1,54,71,443. He submitted that the vessel was scheduled to leave today. He contended that the company had no other property within the territory of India. Hearing these submissions, Justice M. A. Abdul Hakhim ordered a conditional arrest of the ship. The Court added that the arrest would be automatically vacated when the whole amount claimed by the petitioner is deposited in the court or security for the said amount is furnished.
MSC Elsa 3, a Liberia flag bearing vessel sank off Kochi coast on 24th May releasing huge amounts of toxic cargo including calcium carbide and raising concerns of oil spill. The Government had also imposed a 20 nautical mile fishing ban around the wreck.
Now, in this case the petitioner has claimed that the vessel sank due to lack of proper care and unseaworthiness of the vessel, improper stowage of the container due to crew incompetence.
The case will be next taken up on 16th June.
The plea was moved by Advocates Joy Thattil ittoop, Bijish B. Tom, Uthara A. S., Krishna Kumar T. K., Baby Sonia, Karun Mahesh, Megha Joseph, Nevis Cassandra L Caxton Loretta, Govind Vijayakumaran Nair, Rohini Manuel, Jacob Tomlin Varghese
Case Title: Saji Surendran v Owners and Parties Interested in Vessel M V MSC Manasa F and Another
Case No: Adml. S. 4/ 2025