Latest news with #MSCAKITETAII
Time of India
5 days ago
- Business
- Time of India
Compensation claimed by state exaggerated: Owners
Kochi: The owners of the vessel MSC AKITETA II, which was arrested on the directive of the high court in an admiralty suit filed by the state govt, informed court that the amount claimed by the state, Rs 9,531 crore, is highly exaggerated. They also submitted that the suit is not maintainable, as the vessel is not within Indian territorial waters. While considering the interlocutory application filed by the vessel owners in the state's admiralty suit, the bench of Justice M A Abdul Hakhim orally asked the owners to state how much they were willing to deposit as security in the matter. HC had issued an arrest warrant against AKITETA II on July 7. It came following the state govt suit seeking claims for the grave and widespread environmental and economic damage allegedly caused by the capsize of cargo vessel MSC ELSA 3 off Kerala coast on May 25. The vessel owners, however, contended that there was no evidence of oil pollution resulting from the capsize. They submitted that the oil sheen, which had spread within one nautical mile of the site, was completely cleaned up by the ship owner. They reiterated that the claim is exaggerated and not backed by adequate supporting documents. Seeking modification of the previous order directing the deposit of Rs 9,531 crore as security, senior counsel for the vessel owners relied on Section 11(2) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which permits the court to modify or cancel the security requirement for sufficient cause. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo They also referred to a 2017 HC division bench judgment that had reduced a security deposit from Rs 18.5 crore to Rs 1 crore. However, advocate general K Gopalakrishna Kurup opposed the plea, contending that the arrest order was issued after HC was satisfied with the prima facie case established by the plaint and supporting documents. He argued that the question of modifying or cancelling the order could arise only after completion of pleadings. Accepting the AG's submission, HC directed the ship owners to file a counter-affidavit along with supporting documents within two weeks. The matter has been posted for Aug 8, and HC clarified that the arrest order shall remain in force until then.
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Business Standard
07-07-2025
- Business Standard
Kerala HC orders conditional arrest of cargo ship in ₹9,531 cr damage case
The Kerala High Court on Monday ordered the conditional arrest of a cargo ship anchored at Vizhinjam Port in connection with a ₹9,531 crore compensation case filed by the State of Kerala over a major shipwreck and environmental damage. The vessel, MSC AKITETA II (IMO 9220847), was ordered to be detained after the state accused the owners and managers of another ship which appears to be of the same company, MSC ELSA III (IMO 9123221), of causing severe pollution off the Kerala coast. The MSC ELSA III had capsized and sunk off Kerala coast on May 25, allegedly releasing oil and cargo that harmed the marine environment, damaged the coastline and affected the livelihood of thousands of fishermen. Kerala's Environment Department, which brought the case, said the sunken vessel had 643 cargo containers and that the damage caused was enormous. The state is seeking ₹9,531 crore in total including compensation for environmental harm, clean-up efforts and economic losses to local fishing communities. The High Court, after hearing arguments from the state's legal team and the lawyers representing the shipowners, said documents showed both vessels were linked. It found that both ships appear to be managed by the same company, making them "sister vessels". That allowed the court to order the arrest of MSC AKITETA II to secure the state's claim arising from the MSC ELSA III disaster. Justice M A Abdul Hakhim said the ship would remain under arrest unless the owners deposited the full amount or provided security for the claim. However, the court allowed the ship to continue loading and unloading cargo in the meantime. "The 1st respondent vessel by name MSC AKITETA II (IMO 9220847) 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 ₹9,531 crores 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 order said. The case will be heard again on July 10.
