The Department of Environment, Kerala State has initiated an admiralty suit as the plaintiff, naming M V MSC AKITETA II (IMO NO. 9220847), M V MSC AKITETA II (IMO NO. 9220847), MEDITERRANEAN SHIPPING CO. S.A, MEDITERRANEAN SHIPPING COMPANY, MSC AGENCY INDIA PVT LTD (Tuticorin), MSC AGENCY INDIA PVT LTD (Mumbai), and ADANI VIZHINJAM PORT PVT LTD as respondents/defendants.

The affidavit requests that, given the circumstances outlined in the accompanying affidavit, the High Court be inclined to issue a warrant for the arrest of the first defendant vessel, M V MSC AKITETA II (IMO No. 9220847), which is registered under the flag of Liberia. This warrant should encompass her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc., which are currently or are expected to be within the Territorial Waters of India at the Port/Anchorage of Vizhinjam. Furthermore, it is requested that the fifth defendant (Adani Vizhinjam Port PVT LTD, Port Operation Building, Mulloor, Thiruvananthapuram, Kerala-695521) be directed to ensure the vessel is kept under safe arrest until further orders from this Hon’ble Court. Additionally, it is prayed that this Hon’ble Court may communicate the order of arrest to the fifth Respondent/Defendant via e-mail, fax, or phone, and instruct the fifth Respondent/Defendant to act upon the e-mail, fax, or copy of the order, in the interest of justice.

A conditional order of arrest was issued by the Honourable single judge bench. This conditional order specifies, “MSC” AKITETA II (IMO 9220847) along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture etc. presently anchored in the Vizhinjam Port is
ordered to be arrested until Rs.9,531 Crores is deposited by the 1st respondent in this Court or until security for the said amount is furnished by the 1st respondent to the satisfaction of this Court. It is made clear that this Order will not in any way prevent the loading and unloading of cargo of the Vessel. It is ordered that the 5th respondent shall execute the Warrant and effect the arrest, seizure and detention of
the said vessel “MSC” AKITETA II (IMO 9220847)” along with her hull, tackle, engines, machinery, boards,
bunkers, equipment, peripherals and other appurtenances as ordered above.”

The maritime claims are made with respect to the vessel “MSC ELSA -3 (IMO No. 9123221)” belonging to the 2nd respondent which was capsized and sunk in the coastal waters of Kerala, on the allegation that the same has been causing damage by way of pollution to marine environment, coastline and related interest of the State and also economic loss to the fishermen in the State.

Breakdown of the claims are as below

• Rs. 8,626.12 Croes is claimed as compensation towards damage caused by MSC ELSA- 3 to the environment, coastline and related interest of the State of Kerala. It is averred in the plaint that the damage occurred on account of oil pollution caused by the said vessel and pollution caused by the cargo in 643 containers carried in the said vessel.
• Rs.378.48 Crores is claimed for taking measures to prevent, minimise or remove the damage caused by the said vessel to the environment, coastline, and related interest in the State of Kerala and cost of reasonable measures for restoration of environment.
• Rs,526.51 Crores is claimed towards economic loss caused to the fishermen of the State of Kerala as a result of damage caused by the aforesaid vessel.

This IA of Kerala High Court is listed for todays further consideration.

Source: Kerala High Court Website