The Kerala High Court, on June 12, 2025, passed an important order to conditionally arrest the ship MSC Manasa F after a suit was filed by the owner of Mangalath Cashews, Mr. Saji Surendran. He claimed that his goods were lost when another ship, MV MSC Elsa 3, sank off the Kochi coast on May 24.
Mr. Surendran, represented by a team of lawyers, argued that both vessels—MSC Manasa F and MSC Elsa 3—are controlled or owned by MSC Mediterranean Shipping Co S.A., even though they are registered under its two sister companies. He stated that his cashew cargo was destroyed when MSC Elsa 3, flying the Liberian flag, went down with hazardous chemicals such as calcium carbide, causing environmental concerns like potential oil spills.
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The MSC Manasa F, also a Liberian-flagged ship, was docked at Vizhinjam Port. The petitioner claimed that the shipping company did not own any other assets in India. Because of this, he demanded a conditional arrest of MSC Manasa F to secure his damage claim of ₹1,54,71,443.
Hearing this, Justice M.A. Abdul Hakhim accepted the petition and allowed a conditional arrest of the ship. The court clarified that this arrest would automatically be withdrawn if the claimed amount or equivalent security is submitted in court.
“The vessel ‘MSC Manasa F’ is ordered to be arrested until ₹1,54,71,443 is deposited in this Court or a security for the same is furnished,” said the High Court.
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The court also clarified that the company’s deposit or security will not affect their legal arguments in the case. The next hearing has been scheduled for June 16, 2025.
The suit argues that the sinking of MSC Elsa 3 was due to poor maintenance, unseaworthiness, and improper container stowage by an incompetent crew. The Government had earlier imposed a 20-nautical mile fishing ban near the wreck due to environmental hazards.
“No harm would be caused by passing a conditional order of arrest till the furnishing of the security,” the Judge observed.
The Chief Executive Officer of Vizhinjam International Seaport Ltd. was directed to carry out the arrest. The arrest order may be vacated once payment or security is made, with the next proceedings listed shortly.
The plea was filed by a legal team comprising Joy Thattil Ittoop, Bijish B. Tom, Uthara A.S., Krishna Kumar T.K., Baby Sonia, Karun Mahesh, Megha Joseph, Nevis Cassandra L Caxton Loretta, Govind Vijayakumaran Nair, Roshni Manuel, and Jacob Tomlin Varghese.
Case Title: Saji Surendran v. Owners and Parties Interested in Vessel M V MSC Manasa F and Another
Case No.: Adml. S. 4/2025
