Kerala High Court Allows Owners Of MSC Elsa 3 Ship To Make Newspaper Publication To Limit Liability Of Maritime Claims In Admiralty Suit

The Kerala High Court on Thursday (August 21) allowed the owners of capsized MSC Elsa 3 ship to take out paper publication in the admiralty suit filed by them for limiting the liability for maritime claims arising from the losses caused due to the sinkage of the ship. The suit was filed by the plaintiffs before the High Court under Part XA of the Merchant Shipping Act, 1958 which provides for limitation of liability of the ship owners.

Justice M.A. Abdul Hakhim passed an interim order allowing the plaintiffs to publish a notice in all the editions of Malayalam daily Malayala Manorama, the Kochi and Bombay editions of the Times of India and an international publication, Trade Winds.

In the plaint, the plaintiffs have joined 7 defendants who have already raised claims against it and the defendant No. 8 was described as “All persons claiming or being entitled to claim damages” to include all potential defendants who would have a maritime claim arising out of the sinking of the ship. It was urged that the defendant no. 8 is the general defendant so as to give public notice.

Senior counsel appearing for the plaintiffs submitted to the Court that limitation of liability is, ultimately, in the interest of all shippers and international trade. It was also stated that there is a public policy purpose involved in limiting liability.

The counsel appearing for the defendants stated that they do not object to the publication of notice to the public and thus, the Court passed the order allowing the interim application for publication.

"This is only for the advancement of justice alone. It will not defeat the purpose,"  the Court orally observed.

Senior Counsel V.J. Mathew submitted that the High Court has not framed rules for entertaining the claims under Chapter XA of Merchant Shipping Act, 1958.

However, the Court noted that the suit was already numbered by an order of another Bench of the Court after overruling the defects noted by the Registry and thereafter, it must proceed with the suit like any other suit. 

The Court further observed:

"The learned judge considered the Rules framed by the Bombay and Andra Pradesh High Courts and, thereafter, directed the Registry to number this suit. When the suit is numbered, this Court has to proceed with the suit like any other suit. In order to alert all interested persons in the subject matter of the suit, the plaintiff has filed IA No. 3/2025 to effect publication."

The Court has directed the plaintiffs to submit the draft paper publication within 3 days. The suit would be considered again on September 18.

The plaint is moved by Advocates Pranoy K. Kottaram, Sivaraman P.L., Athul Babu, Sreenand Udayan. Senior Advocate Prashant S. Pratap appeared for the plaintiff.

Senior advocate V.J. Mathew appeared for the 6th defendant. Advocate Ittoop Joy Thattil appeared for defendants 1 to 5. The government pleader appeared for the government of Kerala, defendant no. 7.

Case No: IA No. 3/2025 in Adml. Suit No. 14/2025

Case Title: Elsa 3 Maritime Inc. and Ors. v. Saji Surendran and Ors.

Click Here To Read/ Download Interim Order