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Hindustan Times
08-07-2025
- Politics
- Hindustan Times
HC orders arrest of vessel till firm pays ₹9,531 cr for ELSA 3
The Kerala government on Monday filed an admiralty suit in the high court claiming compensation of ₹9,531 crore for damage to the marine environment and coastline, and economic losses to the fishing community in connection with the sinking of the MSC ELSA 3 vessel off the coast of Kochi on May 25. the state government claimed ₹ 8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹ 378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹ 526.51 crore for economic losses caused to the fishworkers (AP) In its suit, the state government claimed ₹8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹526.51 crore for economic losses caused to the fishworkers. 'The compensation has been computed following the Central Pollution Control Board guidelines,' it said. The state government, represented by advocate general K Gopalakrishna Kurup, petitioned the bench headed by justice MA Abdul Hakhim to issue a warrant of arrest against the vessel MSC Akiteta 2, currently anchored at the Vizhinjam International Seaport near Thiruvananthapuram, until the Mediterranean Shipping Company (MSC) furnishes the security for the maritime claim. The government argued that both ELSA 3 and Akiteta 2 are registered in the names of two sister companies of MSC and that both are managed, operated, and owned by the same firm. Justice Hakhim, admitting the suit filed by the government and conferring with its arguments, ordered that the vessel MSC Akiteta 2 be arrested at the Vizhinjam port until the shipping firm deposits ₹9,531 crore towards the compensation claims. 'I prima facie find that averments in the plaint and in the affidavit in support of this application and the documents produced by the applicant would make out a maritime claim against the respondents 1 and 2 under section 4 (1) of the Admiralty (Jurisdiction and settlement of maritime claims) 2017 to invoke the admiralty jurisdiction of this court conferred under section 5 for the arrest and detention of the 1st respondent vessel in order to obtain security for the plaint claim,' the judge said. 'I am satisfied that an arguable maritime claim is made out by the applicant, warranting a conditional order of arrest of the 1st respondent vessel till the 1st respondent furnishes security for the plaint claim,' the order read. The MSC ELSA 3 sank 14.5 nautical miles off the coast of Kochi on the morning of May 25 while sailing to Kochi from the Vizhinjam International Seaport. As the ship sank, over 640 containers that were aboard went down along with it. However, all the 24 foreign crew members were rescued in joint operations by the Navy and the Coast Guard. The sinking of the cargo vessel had rung alarm bells on Kerala's coast as officials pointed to the presence of calcium carbide, a chemical that reacts dangerously with water to produce acetylene gas, in at least 12 of the containers onboard. Additionally, tonnes of plastic nurdles, a form of microplastic used in the manufacture of a wide variety of plastic products and inside the containers that drifted into the sea, were washed up on the state's coast, particularly on the beaches in Thiruvananthapuram and Kollam districts. Environmentalists have warned that the plastic nurdles, likely to be consumed by fish and other aquatic animals, would cause major harm to the marine ecosystem and ultimately enter the human food-chain. The leaking of the ship's fuel in the initial weeks following the sinking was also observed by the government and activists as a form of pollution to the ecosystem. While the state was accused initially of not registering a criminal case against MSC citing the shipping company's proximity to the Vizhinjam port, in which the State has a stake, an FIR was registered by the Fort Kochi Coastal police on June 11 against the ship's owner, master and crew members for rash navigation and negligent conduct involving poisonous substances.
Scroll.in
18-06-2025
- Scroll.in
Kerala HC orders arrest of another sister ship of sunken vessel to recover losses
The Kerala High Court on Wednesday ordered the conditional arrest of Liberian-flagged ship MV MSC Polo II for securing claims related to cargo losses incurred after its sister vessel, MSC Elsa 3, sank off the Kochi coast on May 25, Live Law reported. Justice MA Abdul Hakhim passed the order in a suit filed by Sans Cashew India Private Limited, which claimed its consignment worth Rs 74 lakh was lost due to the sinking. MSC ELSA 3 was on its way from Vizhinjam to Kochi and carrying 640 containers, including 13 hazardous cargo and 12 calcium carbide containers, when it sank 'reportedly due to flooding in one of the holds', the Indian Coast Guard had said. On June 13, the High Court had issued a similar order to detain another vessel that is also operated by the Mediterranean Shipping Company following petitions from five other cargo owners who also lost shipments in the incident, The News Minute reported. The order secured nearly Rs 6 crore as a conditional deposit for the release of the ship, Bar and Bench reported. On Wednesday, Hakhim said that the conditional arrest of MSC Polo II would be lifted if the vessel's owners deposit Rs 74 lakh or furnish adequate security in court. The court also clarified that the arrest can only be made when the ship is anchored within the territorial jurisdiction of Kerala. The ship is currently en route to Vizhinjam Port, according to Bar and Bench. The court ordered the arrest on the basis that the shipping company has no assets in India. The matter will be heard next on June 23. On May 29, the Kerala government declared the wreckage of MSC ELSA 3 a state-specific disaster.
Time of India
12-06-2025
- Business
- Time of India
Loss of cargo: After ‘arrest', owner deposits 6cr, Kerala HC allows ship's release
Kochi: High court on Thursday directed the Vizhinjam port authorities to arrest the ship MSC MANASA F, a sister vessel of MSC ELSA 3, which capsized and sank off the Kerala coast on May 25, until an amount of Rs 6 crore is deposited towards the claim raised by three cashew importing companies for losses suffered due to the shipwreck. The order was issued by Justice Abdul Hakhim in response to petitions filed by Saji Surendran of Mangalathu Cashews, R Rajendran of RRR Enterprises and representatives of J J Trading Company. All three petitioners are members of the Cashew Export Promotion Council. In the order, HC clarified that if the shipping company produces a demand draft for Rs 6 crore, the vessel MSC MANASA F may be permitted to leave the territorial waters of the state. Following the court's direction in the Admiralty suits, MSC (Mediterranean Shipping Co SA), the owner/operator of the vessel, submitted the demand draft for the said amount to the HC by the afternoon. Accordingly, the court permitted the release of the vessel and adjourned the Admiralty suit for further hearing on the compensation claim to July 15. The petitioner companies, based in Kollam, stated in their pleas that they had purchased dried raw cashew nuts from a trading company in Dubai, which were shipped in containers bound for Tuticorin port. According to the petitioners, the consignments were expected to arrive at Tuticorin on May 24 aboard MSC ELSA 3. However, the Indian agent of the shipping company informed them via email on May 28 that the vessel had sunk on May 25 en route from Vizhinjam to Kochi, resulting in the total loss of cargo. This led the companies to file Admiralty suits seeking compensation. Mangalathu Cashews, RRR Enterprises, and J J Trading Company raised claims of Rs 1.54 crore, Rs 1.63 crore, and Rs 1.58 crore, respectively, along with interest at 18% per annum. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
