Kerala HC Orders Conditional Arrest Of MSC Elsa 3’s Sister Ship In Suit By Govt To Secure Maritime Claims Over ₹9500 Crores
An admiralty go well with has been filed by the State of Kerala (plaintiff) earlier than the Kerala Excessive Court docket searching for the arrest of the ship MV MSC Akiteta II (1st defendant). The arrest of MSC Akitteta II was sought in lieu of the maritime claims totalling Rupees 9531.11 crores claimed towards its sister ship, MSC Elsa 3.
The go well with filed below Part 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 has arrayed Mediterranean Transport Firm (MSC) as the twond defendant. As per the go well with, although MSC Akitteta II is registered below the possession of Mandjet Oceanway Ltd., the identical operates below the identical deal with as the twond defendant. Subsequently, each the vessels are owned by and below the management of MSC, it’s acknowledged.
When the case got here up for consideration earlier than the Court docket on Monday (July 7) for consideration, Justice M.A. Hakim handed a conditional order for the arrest of the 1st defendant ship till an quantity of Rs. 9,531 Crores is deposited earlier than the Court docket.
The Court docket additionally ordered the 5th defendant, Adani Vizhinjam Port Pvt., to execute the warrant and impact the arrest, seizure and detention of the vessel, together with her hull, sort out, engines, equipment, boards, bunkers, gear, peripherals and different appurtenances.
It was additionally made clear by the Court docket that its order wouldn’t have an effect on the loading and unloading of the cargo of the vessel.
The matter is subsequent posted on July 10.
Background
The Liberian-flagged vessel MSC Elsa 3 sank off the coast of Kerala on Could 25, 2025, inflicting grave environmental, ecological and financial damages. This has triggered monumental injury to the State, its fishermen and marine life.
The maritime claims had been made below three heads, particularly, (i) environmental air pollution and injury, together with oil air pollution and air pollution by cargo (₹8626.12 crores), (ii) financial loss triggered to the State’s fishing group (₹378.48 crores) and (iii) mitigation bills incurred by the State (₹526.51 crores).
Within the plaint, the plaintiff has submitted that it will be irreparably prejudiced if MSC Akiteta II is allowed to go away Indian waters and sought an arrest of the vessel. It is usually prayed that the vessel be condemned and offered upon arrest, with the online sale proceeds deposited earlier than the Excessive Court docket. The plaintiff additional prays that this be utilized to fulfill its declare with curiosity and prices.
As per the plaint, the State has acknowledged that it has cleared 14,302 metric tons of waste discharged from the vessel. Furthermore, the Catastrophe Administration division of the federal government has ordered an interim monetary help and disbursement of Rs. 1000/- per head and free ration of 6 kg rice per particular person for 78,498 fishermen households and 27,020 allied households within the districts of Thiruvananthapuram, Kollam, Alappuzha and Ernakulam.
The State has additionally acknowledged in its plaint that the marine life on the coast has been significantly affected because of the publicity of hazardous substances and microplastics discharged from MSC Elsa 3. The overall casualty as of now consists of 1 whale and 5 dolphins.
One other bench of the Kerala Excessive Court docket can be contemplating a Public Interest Litigation searching for a course to the State to publish particulars in regards to the aftereffects of the sinking of MSC Elsa 3. Therein, the State had expressed its intention to file an admiralty go well with towards Mediterranean Transport Firm (MSC).
The State had constituted a committee for negotiation to find out the compensation for injury triggered because of the collision, restoration of coastal life and marine atmosphere, elimination of the wreck, and financial loss triggered to the fishermen. Nevertheless, elevating transparency considerations, the Excessive Court docket had stayed the negotiation course of initiated by the State with MSC.
Case Title: State of Kerala v. MV MSC Akiteta II and others.
Case No: Adml. S. 12/2025
