Kerala High Court has passed interim order for arrest for Container Vessel M.V. MSC MANASA F” (IMO 9238882) basis concept of sister vessel.
Five admiralty suit were filed by different parties alleging negligence for loss of their cargo onboard MSC ELSA 3. The parties filed the suit as below
- MR.SAJI SURENDRAN, PROPRIETOR, MANGALATH CASEHEWS (ADML.S. NO. 4 OF 2025 J) for claim amount of INR.1,54,71,443/
- J.J.TRADING COMPANY (ADML.S. NO. 5 OF 2025 J) for claim amount of INR.1,58,08,478.40
- MR. R. RAJENDRAN,PROPRIETOR, RRR ENTERPRISES (ADML.S. NO. 6 OF 2025 J) for claim amount INR.1,63,54,104/
- IACOM FOODS PRIVATE LIMITED (Adml.S.No.7 of 2025)for claim amount of INR.81,11,778/
- GEORGIAN FOOD PRODUCTS PVT LTD (ADML.S. NO. 8 OF 2025) for claim amount of INR.39,80,307.78
All the Applicant/plaintiff has certain maritime claim against MSC MEDITERRANEAN SHIPPING CO S.A as the Applicant lost certain containers containing his cargo on account of the sinking of the foreign vessel ‘MV MSC ELSA 3’ operated by MSC MEDITERRANEAN SHIPPING CO S.A. The allegation is that the said vessel sank due to its mechanical, technical defects/failure on account of lack of proper care and the unseaworthiness of the vessel, and/or due to improper stowage of the containers in the vessel on account of crew incompetence. As per the plaint allegations, ‘MV MSC ELSA 3’ and “M.V. MSC MANASA F” are managed/ operated/ controlled/ owned by MSC MEDITERRANEAN SHIPPING CO S.A, though the said Vessels are registered in the name of its two sister/subsidiary companies, viz, ‘ALION MARITIME LTD
LIB’ and ‘ELSA 3 MARITIME INC’, and that both these vessels are sister vessels.
It is made clear that the Warrant of Arrest would be withdrawn and the conditional order of arrest would
automatically be vacated once the amount is deposited or security is furnished by the 1st respondent in this Court, without any further order.