The Kerala High Court on Thursday ordered the arrest of a container ship to recover to cost cargo carried by MSC Elsa-3 ship which sank near Kerala coast recently. The court ordered that MSC Manasa-F, owned by the same company, should be arrested till the company makes payment to the petitioners to compensate for their loss.
Justice MA Abdul Hakhim issued the order after considering five suits filed by five different buyers of raw cashew nuts which were being transported by the sunken ship. The court ordered seizure of a ship of the company because it has no asset in India that can be seized.
The court ordered, “The vessel of the 1st respondent by name “M.V. MSC MANASA F” (IMO 9238882), Flying Flag of Liberia, along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc., presently anchored in the Vizhinjam Port is ordered to be arrested until INR.1,54,71,443/- is deposited by the 1st respondent in this Court or until security for the said amount is furnished by the 1st respondent to the satisfaction of this Court.”
The court clarified that arrest order will be withdrawn automatically after the amount is deposited or security is furnished.
The petitioners have claimed that MSC Elsa-3 carrying containers filled with their raw cashew nuts sank because of technical problems, poor maintenance, and wrong loading of cargo. They also alleged that the crew members were careless.
They therefore prayed that the company’s sister ship, currently in India, should be seized till payment to them are made. The five petitioners have a claim of around ₹6 crore as compensation.
While the court order on 12 June states that the ship is anchored in the Vizhinjam Port and it should be arrested there, actually the vessel left the port on that day itself. As per ship tracking site vesselfinder, MSC Manasa-F departed from the port at 11:21 on 12th June, and is heading to Haldia port. The ship is scheduled to reach Haldia in West Bengal on 17th June. At present the ship can be spotted on southern coast of Sri Lanka.
MSC ELSA 3 carrying 640 containers capsized near Alappuzha off Kerala coast in the early hours of 25th May. Its crew members were rescued by the Indian Coast Guard.
