The Kerala High Court, on Thursday, June 13, ordered the conditional arrest of Liberian-flagged cargo vessel MSC Manasa F, currently docked at Vizhinjam Port, after admitting five admiralty suits filed by importers who lost cargo in the sinking of MSC Elsa-3, a sister ship managed by the shipping group Mediterranean Shipping Company (MSC). Admiralty suits are legal cases filed under maritime law to resolve disputes related to ships, cargo, and maritime operations.
Justice MA Abdul Hakhim issued the order in response to suits seeking over Rs 6 crore in compensation for containers of raw cashew nuts that went down with MSC Elsa-3 on May 24. The plaintiffs, including individual buyers and trading companies, accused the crew of negligence, poor vessel maintenance, and improper stowage that rendered the ship unseaworthy.
"The Warrant of Arrest would be withdrawn and the conditional order of arrest would automatically be vacated once the amount is deposited or security is furnished by the 1st respondent (Owners and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 Court held.
The plaintiffs claimed MSC, despite operating both ships, had no attachable property in India, prompting the court to allow the arrest of the sister vessel docked at Vizhinjam. MSC Manasa F was scheduled to leave the port on Thursday, but has now been detained pending compliance.
The individual claims filed before the Kerala High Court amount to nearly Rs 6 crore. Saji Surendran, proprietor of Mangalath Cashews, has sought Rs 1,54 crore in damages, while JJ Trading Company has claimed Rs 1.58 crore. R Rajendran, who runs RRR Enterprises, filed a claim for Rs 1.63 crore while Iacom Foods Pvt Ltd has sought Rs 81 lakh. Georgian Food Products Pvt Ltd demanded Rs 39.8 lakh.
The Kerala High Court said the conditional arrest shall remain valid until compliance, and clarified that the claim amount or equivalent security must be deposited for the vessel’s release.
Initially, Vizhinjam International Seaport Ltd was named as a respondent, but the court instructed the plaintiffs to amend the petition and implead the competent port authority – Adani Vizhinjam Port Pvt Ltd – instead.
The next hearing is scheduled for June 16, with respondents required to file their written statements by June 15.