Kerala HC asks Vizhinjam port authorities to detain MSC Manasa until dues paid

In a setback to the Mediterranean Shipping Company (MSC), the owner of the sunken vessel MSC Elsa 3, the Kerala High Court on Thursday directed the Vizhinjam Port Authority to detain another MSC vessel, MSC Manasa F.

The directive came in response to a petition filed by the proprietor of Mangalath Cashews, who is seeking damages for cargo lost in the sinking of MV MSC Elsa 3. In the plea, the petitioner claimed that both the ships are managed, controlled, and owned by MSC Mediterranean Shipping Company (MSC), even though they are registered in the name of its two sister companies.

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MSC Manasa F was anchored at Vizhinjam Port. The petitioner has raised a claim of Rs 1,54,71,443. He submitted that the vessel was scheduled to leave on Thursday. He contended that the company had no other property within the territory of India.

On hearing the matter, Justice MA Abdul Hakhim directed the Vizhinjam Port Authority to detain another MSC vessel, MSC Manasa F, at the port. The court said that the detention would be automatically vacated when the whole amount claimed by the petitioner is deposited in the court or security for the said amount is furnished. The case will next be taken up for hearing on June 16.

MSC Elsa 3, a Liberian-flagged cargo vessel, sank off the Kochi coast on May 24, releasing huge amounts of toxic cargo, including calcium carbide, and raising concerns of oil spill. The Kerala government had also imposed a 20-nautical-mile fishing ban around the wreck site.

The Kerala Police on Wednesday registered a case against the owner of the Liberian-flagged cargo vessel that sank off the coast of Kerala with dangerous goods onboard on May 24.

The case was filed following a complaint by C Shamji, a native of Alappuzha. The Fort Kochi Coastal Police have named the ship’s owner, the master, and the crew members as accused in the case.

Earlier, the state government had taken the stance that there was no need to file a case in the ship accident off the coast of Kochi. The initial decision was not to file a case against MSC, and that compensation was sufficient. The Chief Secretary’s note regarding this decision stated that MSC has a good relationship with Vizhinjam port and that MSC needs a good reputation for its operations in Kerala. The central government also agreed with Kerala’s decision not to file a case in the incident.