The Kerala High Court ordered the arrest of MSC Manasa-F, sister ship of the sunken MSC Elsa, to recover cargo loss. It stated, “Warrant will be withdrawn once amount is deposited or security is furnished.”
The Kerala High Court ordered the arrest of the Liberian-flagged cargo vessel MSC Manasa-F, following the recent sinking of its sister ship, MSC Elsa-3, off the coast of Alappuzha district.
Justice MA Abdul Hakhim issued the order after reviewing five admiralty suits filed by various buyers and companies seeking to recover losses from raw cashew nuts that were aboard the sunken vessel.
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The Court accepted the admiralty suits and ordered the arrest of MSC Manasa-F, which is operated by MSC Mediterranean Shipping Company SA, to secure the maritime claims of the plaintiffs.
The Court specified,
“It is made clear that the Warrant of Arrest would be withdrawn and the conditional order of arrest would automatically be vacated once the amount is deposited or security is furnished by the 1st respondent (Owners and Parties interested in the vessel MV MSC Manasa F) in this Court, without any further order,”
The suits filed by the five plaintiffs indicated that their containers filled with cashew nuts were aboard MSC Elsa-3, which sank due to technical issues, inadequate maintenance, and improper cargo loading. They attributed these problems to the crew’s negligence.
Since MSC, the operating company, had no assets in India, the plaintiffs requested the Court to permit them to recover their losses by arresting the sister ship, MSC Manasa-F, which had entered Indian waters and was docked at Vizhinjam Port.
The Court accepted this request and ordered the detention of the vessel until either the claimed amount is deposited or sufficient security is provided to the Court’s satisfaction.
The individual compensation claims from the plaintiffs are as follows:
- Saji Surendran, Proprietor, Mangalath Cashews – Rs.1,54,71,443
- JJ Trading Company – Rs.1,58,08,478.40
- R Rajendran, Proprietor, RRR Enterprises – Rs.1,63,54,104
- Iacom Foods Private Limited – Rs.81,11,778
- Georgian Food Products Pvt Ltd – Rs.39,80,307.78
The total amount sought is nearly Rs.6 crore.
The Court clarified that if the owners or interested parties of MSC Manasa-F provide the full amount or adequate security, the warrant of arrest would automatically be vacated. It also stated that the conditional arrest order would remain in effect until compliance is achieved.
Initially, the Chief Executive Officer of Vizhinjam International Seaport Ltd was named as the second respondent in the suits. However, the Court directed the plaintiffs to amend their petition to include the appropriate port authority, Adani Vizhinjam Port Pvt. Ltd., instead.
The case is scheduled for further hearing on June 16, with the Court instructing the defendants to submit their written statements by June 15.
The plaintiffs are represented by advocates Joy Thattil Ittoop, Bijish B Tom, Uthara AS, Krishna Kumar TK, Baby Sonia, Karun Mahesh, Megha Joseph, Nevis Cassandra L Caxton Loretta, Govind Vijayakumaran Nair, Roshni Manuel, and Jacob Tomlin Varghese.
MSC is represented by advocate Pranoy Kottaram, while Vizhinjam International Seaport Ltd is represented by advocate Roshen D Alexander.
Case Title: Saji Surendran v Owners and Parties interested in the vessel MV MSC MANASA F(IMO 9238882) & Ors. and connected cases
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