The Kerala High Court has ordered the conditional arrest of the vessel MSC Polo II, linked to the capsizing of its sister ship, MSC ELSA 3, off the Kerala coast on May 25. This decision follows a petition from Sans Cashew India Private Ltd, which seeks compensation for losses amounting to Rs 74 lakh due to cargo losses. Justice M A Abdul Hakhim stated that the vessel can be released upon submitting a demand draft for the claimed amount to the court registrar.
Previously, another vessel, MSC MANASA F, was detained over similar compensation claims tied to the ELSA 3 incident. In the current case, the petitioner reported losing two shipments of Ghanaian cashew nuts en route from Tema port to Tuticorin port, transhipped via Adani Vizhinjam Port. The ELSA 3 sank due to confirmed technical and operational issues.
The petitioner argues they are entitled to recover maritime claims under the Admiralty Act, 2017, amounting to Rs 73.49 lakh. The vessel owner’s counsel has filed caveats against such arrests within Indian territorial waters, asserting MSC Polo II is beyond the jurisdiction of the court. Nevertheless, the High Court has maintained its order for the vessel’s conditional arrest until the demand draft is submitted. The case is adjourned to June 23.
