Kerala High Court Orders Arrest of Liberian Vessel in INR 1.54 Crore Maritime Cargo
Dispute- Vessel M.V. MSC MANASA F
By Legal Correspondent | 13 June 2025 | Ernakulam Admiralty Watch
In a significant ruling delivered on 12 June 2025, the Honourable Mr. Justice M.A. Abdul Hakhim of the High Court of Kerala at Ernakulam, exercising admiralty jurisdiction under Admiralty Suit No. 4 of 2025, directed the arrest of the foreign vessel M.V. MSC MANASA F (IMO No. 9238882), flying the flag of Liberia, currently anchored at Vizhinjam Port, Kerala. The arrest was ordered conditionally, to secure a maritime claim valued at
Rs 1,54,71,443/-, arising from the loss of cargo linked to the sinking of a sister vessel.
Background of the Dispute
The proceedings were initiated by Mr. Saji Surendran, a Kollam-based cashew exporter and proprietor of Mangalath Cashews, who instituted the suit against the owners and parties interested in the vessel M.V. MSC MANASA F. The suit arises from a maritime claim against MSC Mediterranean Shipping Co. S.A., a reputed international carrier alleged to be the beneficial owner and operator of both M.V. MSC MANASA F and M.V. MSC ELSA 3.
The plaintiff alleges that containers carrying his cargo were irretrievably lost due to the sinking of the vessel M.V. MSC ELSA 3, attributed to gross mechanical and technical deficiencies, improper stowage, unseaworthiness, and crew incompetence. The plaintiff avers that both vessels are sister ships, with MSC Mediterranean Shipping Co. S.A. exercising beneficial ownership, management, and control over them through subsidiaries Alion Maritime Ltd (owner of MSC MANASA F) and Elsa 3 Maritime Inc (owner of MSC ELSA 3).
Vessel Arrest Plea and Legal Arguments
The interlocutory application (IA No. 1 of 2025) was filed seeking arrest of the vessel M.V. MSC MANASA F while it remained within Indian territorial waters. Senior counsel for the plaintiff, contended that the defendant has no assets within the jurisdiction of Indian courts apart from the vessel, justifying the invocation of admiralty arrest to secure the claim.
The application was contested, learned counsel for the vessel interests (1st respondent), who submitted on instructions that his clients were willing to furnish security for the claimed amount on the same day, albeit without admitting liability and strictly without prejudice to the merits of the case.
On behalf of the second respondent Vizhinjam International Seaport Ltd. Sri Roshen D. Alexander argued that the correct port authority was Adani Vizhinjam Port (P) Ltd, and the applicant was directed to amend the cause title accordingly.
Courts Reasoning and Directions
The Court, after recording submissions, observed that since the vessel was scheduled to depart imminently, and security had not yet been furnished, the plaintiff stood to suffer irreparable loss. Consequently, a conditional order of arrest was issued to maintain the status quo.
The operative portion of the Courts Order is as follows:
The vessel M.V. MSC MANASA F, including all her hull, tackle, machinery, gear, paraphernalia, and appurtenances, presently anchored at Vizhinjam Port, shall stand arrested until security amounting to
Rs.1,54,71,443/- is deposited with the Court or secured to its satisfaction by the 1st respondent.
The warrant of arrest shall be vacated automatically upon deposit of the said sum or provision of acceptable security, without requiring further orders.
The security or deposit shall be deemed to be made without prejudice to the 1st respondents contentions in the underlying suit.
The matter is now listed for further consideration on 16 June 2025, by which time compliance with the Courts directive on deposit or security is anticipated.
Legal Significance
This order underscores the efficiency and importance of Indias admiralty framework, especially under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which empowers Indian High Courts to arrest foreign vessels for maritime claims including cargo loss, collision, salvage, and damage due to unseaworthiness.
By linking the arrest of MSC MANASA F to a claim arising out of the sinking of a sister vessel, the Court has once again reaffirmed the principle that vessels under common beneficial ownership or control can be subjected to admiralty action even when the claim did not arise directly against the vessel under arrest.
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