The Kerala High Court Today (June 18) ordered the conditional arrest of MSC Polo-II in a case related to the cargo loss from the sunken ship MSC Elsa-3. The court asked for Rs 74 lakh security deposit for the ship’s release.
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Kochi: The Kerala High Court conditionally ordered the arrest of the cargo ship MSC Polo-II. This action is related to a legal complaint filed by Sans Cashew India Pvt. Ltd., which claimed that its cargo of raw cashew nuts was lost when a sister ship, MSC Elsa-3, sank near Alappuzha coast.
Justice M.A. Abdul Hakhim issued this arrest order after hearing an admiralty suit (a special case related to shipping and sea matters) filed by the cashew trading company.
The ship MSC Polo-II is operated by the same global shipping group – MSC Mediterranean Shipping Company SA.
Why Was the Ship Arrested?
Sans Cashew India Pvt. Ltd. reported that their cargo of raw cashew nuts was lost in the sinking of MSC Elsa-3. Since the shipping company has no offices or property in India, the company asked the Court to arrest another ship from the same operator to secure compensation.
The Court agreed and ordered the arrest of MSC Polo-II, which is currently sailing under the Liberian flag and is expected to arrive at Vizhinjam Port in Kerala soon.
Security Deposit Ordered by the Court
The Court has asked the ship’s owners or other interested parties to deposit Rs 74 lakh with the High Court as security. This money will be held in case the cargo claim is proven.
Once the deposit is made or some other approved security is provided, the ship will be released automatically without the need for another order.
Similar Action Last Week
This is not the first such case. Just last week, the High Court had also ordered the conditional arrest of another MSC-operated ship, MSC Manasa-F, for similar reasons.
That case involved five other cargo owners and secured nearly Rs 6 crore in court.
Next Court Hearing and Lawyers Involved
The matter will be taken up again on June 23.
The cashew company was represented by Senior Advocate V.J. Mathew along with advocates Vipin P. Varghese, Adarsh Mathew, Merline Mathew, Anirudh G. Kamath, Agustho Norbert, Anna B, and Megha Madhavan.
The shipping company was represented by Advocate Pranoy Kottaram.
CASE TITLE:
Sans Cashew India Private Limited vs Owners and Parties interested in the vessel MV MSC Polo II (IMO 9139086).
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