Kerala HC asks Vizhinjam port authorities to detain MSC MANASA until dues paid

By Admin

13 Jun, 2025

In a significant development concerning maritime accountability, the Kerala High Court has issued a directive to the Vizhinjam Port Authority to detain MSC MANASA F, a vessel belonging to the Mediterranean Shipping Company (MSC), until compensation of ₹6 crore is deposited. This action is tied to damages caused by the sinking of another MSC-owned vessel, Elsa 3.

Cashew Export Council's Legal Move

The High Court’s decision came in response to a petition filed by the Cashew Export Promotion Council. The council highlighted a major financial loss following the accident involving MSC Elsa 3, which was expected to reach Cochin carrying cashew cargo. The cargo was reportedly lost due to the vessel’s sinking, prompting the council to seek redress for damages estimated at ₹6 crore.

As an interim measure, the court has instructed that MSC MANASA F be detained and will only be released upon submission of a demand draft for the specified amount. The matter is scheduled for further hearing at 1:45 PM, during which the court will reassess the situation.

Legal Case Filed Against MSC Elsa 3 Crew

In a parallel development, the Fort Kochi Coastal Police have filed a case against the crew of MSC Elsa 3. The charges stem from allegations that the vessel was operated in a manner that endangered human life. The owner of the vessel has been listed as the first accused, the captain as the second, and the rest of the crew as the third.

Initial Government Reluctance and MSC’s Ties with Kerala

Initially, the Kerala state government had opted not to pursue legal action against MSC, emphasizing compensation over litigation. A note from the Chief Secretary mentioned MSC’s strategic relationship with Vizhinjam Port and stressed the importance of preserving MSC’s operational reputation in Kerala. This position was echoed by the central government, which also prioritized securing compensation and environmental remediation.

Environmental and Cargo Recovery Status

Out of the 61 containers that were lost overboard during the MSC Elsa 3 incident, 51 have been successfully retrieved. Fortunately, none of the lost containers contained hazardous materials. Furthermore, the Director General of Shipping confirmed that there has been no oil pollution reported along the coast, reducing fears of environmental damage.

Conclusion

This episode underscores the growing emphasis on maritime accountability and the legal mechanisms available to enforce compensation for cargo losses. While MSC's reputation and longstanding ties with Indian ports remain crucial, the Kerala High Court's decision highlights that financial liabilities cannot be overlooked in cases of operational negligence. The shipping community will be watching closely as the case unfolds.