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Court Ruling on MV MSC Polo II

On Wednesday, the Kerala High Court mandated the conditional arrest of the Liberian-flagged vessel MV MSC Polo II, following claims related to cargo losses stemming from the sinking of its sister ship, MSC Elsa 3, near Kochi on May 25.

Justice MA Abdul Hakhim issued this directive in response to a lawsuit filed by Sans Cashew India Private Limited, which reported a loss of Rs 74 lakh due to the incident.

MSC ELSA 3 was transporting 640 containers, including hazardous materials, from Vizhinjam to Kochi when it sank, allegedly due to flooding in one of its holds, as stated by the Indian Coast Guard.

Previously, on June 13, the High Court had ordered the detention of another vessel operated by the Mediterranean Shipping Company, following similar petitions from five other cargo owners affected by the sinking.

This earlier ruling secured a conditional deposit of nearly Rs 6 crore for the ship's release.

Justice Hakhim noted that the arrest of MSC Polo II could be lifted if the vessel's owners either deposit Rs 74 lakh or provide sufficient security in court.

The court clarified that the arrest could only occur while the ship is anchored within Kerala's territorial waters.

Currently, the ship is reported to be en route to Vizhinjam Port.

The court's decision was influenced by the fact that the shipping company lacks assets in India.

The next hearing on this matter is scheduled for June 23.

On May 29, the Kerala government classified the wreck of MSC ELSA 3 as a state-specific disaster, with Tinku Biswal, principal secretary of the State Disaster Management Department, highlighting the significant environmental, social, and economic threats posed by the shipwreck to Kerala's coastline.