In a significant development concerning maritime accountability and cargo safety, the Kerala High Court on Wednesday issued a conditional arrest order against the Liberian-flagged vessel MSC Polo II. The order will remain in effect until the vessel’s parent company, MSC Mediterranean Shipping Co SA, deposits ₹73.49 lakh as security towards a maritime claim filed by a local exporter.
Justice M A Abdul Hakhim passed the order on an admiralty suit filed by Sans Cashew India Pvt Ltd, a Kerala-based cashew exporter, which claimed to have lost cargo valued at over ₹73 lakh when the MSC Elsa 3—a sister vessel of MSC Polo II—sank off the Kerala coast between May 24 and 25.
The company alleged that the MSC Elsa 3 sank due to “mechanical and technical defects, lack of proper care, and unseaworthiness,” along with improper container stowage and crew incompetence. It urged the court to arrest MSC Polo II unless security was deposited to cover the cargo loss.
Rejecting the shipping company’s plea that the vessel was outside jurisdiction and would furnish security by noon, the court observed, “No harm would be caused by passing a conditional order of arrest till the furnishing of the security.” It held that an arguable maritime claim had been made out.
The order directs Adani Vizhinjam Port Pvt Ltd to execute the arrest warrant and take control of the vessel, including its engines, equipment, and onboard goods. The order also clarifies that the conditional arrest will be automatically vacated once the required security is deposited.
Justice Hakhim emphasized the court’s satisfaction with the documents and affidavit presented by the cashew firm, stating that a prima facie case had been established.
The High Court further issued notice to the owners of MSC Polo II, seeking their response to the suit by July 21.
The MSC Elsa 3, which was carrying 640 containers—including 13 with hazardous materials and 12 containing calcium carbide—sank approximately 14.6 nautical miles off Thottappally in Alappuzha district. It was also laden with over 450 metric tonnes of diesel and furnace oil. According to the Ministry of Defence, the vessel sank with significant amounts of oil still trapped inside, raising environmental and navigational concerns.
Kerala Police have already registered an FIR against the vessel’s owner, master, and crew under charges of rash and negligent navigation for allegedly operating the ship in a manner endangering human life and property.
