Kerala HC orders arrest of MSC Polo II, sister ship of sunken MSC Elsa 3
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Kochi: The Kerala High Court on Wednesday ordered the conditional arrest of the Liberian-flagged cargo vessel MSC Polo II until its parent company deposits ₹73.49 lakh in connection with a maritime claim for cargo lost due to the sinking of its sister ship, MSC Elsa 3, off the Kerala coast.
Justice M A Abdul Hakhim passed the order on a plea filed by Sans Cashew India Pvt Ltd, a Kerala-based cashew exporter. The company alleged that containers carrying its cargo were lost at sea when the MSC Elsa 3 sank between May 24 and 25. In its admiralty suit, the company contended that the vessel went down due to mechanical and technical defects, poor maintenance, or crew incompetence leading to improper stowage. It held the ship’s unseaworthiness responsible for the incident.
The suit names both MSC Elsa 3 and MSC Polo II as sister vessels, operated by MSC Mediterranean Shipping Co SA. The petitioner sought ₹73,49,596 as compensation for cargo loss and filed an interim application requesting the arrest of MSC Polo II until the amount or an equivalent security was deposited in court.
In response, the shipping company urged the court not to issue an arrest order, claiming it was ready to furnish the required security before noon. It also argued that MSC Polo II was located 14 nautical miles from the port, allegedly outside the court’s jurisdiction.
Rejecting these arguments, the court held that no harm would come to the shipping company from a conditional arrest order. The court also stated that if the vessel was within the limits of Adani Vizhinjam Port Pvt Ltd, as the petitioner claimed, the port authorities must execute the arrest order.
Justice Hakhim said, “In view of the averments in the plaint and the documents produced therein and also the affidavit filed in support of the application, I am satisfied that an arguable maritime claim is made out by the applicant warranting a conditional order of arrest of the subject vessel.”
He further clarified that the conditional arrest would be automatically vacated once the amount is deposited or equivalent security is provided.
The court directed Adani Vizhinjam Port Pvt Ltd to carry out the arrest, seizure, and detention of the vessel “along with its hull, tackle, engines, machinery, boards, bunkers, equipment, peripherals and other appurtenances.”
Notice was also issued to the owners of MSC Polo II, asking them to respond to the suit by July 21.
The MSC Elsa 3 sank approximately 14.6 nautical miles off Thottappally coast in Kerala’s Alappuzha district while carrying 640 containers, including 13 with hazardous materials and 12 containing calcium carbide. According to the Ministry of Defence, the ship was also loaded with 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil. Oil remains trapped inside the sunken vessel.
On June 11, Kerala Police registered a case of rash navigation against the ship’s owner, master, and crew. An FIR filed by Fort Kochi Coastal Police alleges that the crew handled the vessel, carrying combustible and explosive cargo, in a negligent manner, resulting in its sinking and posing danger to life and property.
With PTI inputs