Court Blocks Release Of Ship Until Rs 6 Crore Security Deposit Paid

Kerala High Court
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Kerala High Court

Kerala High Court prevents sister vessel's departure until shipping company deposits Rs 6 crore as security for losses from sunken MSC Elsa 3 cargo ship disaster.

A Kerala High Court ruling has prevented port authorities from allowing the departure of a cargo vessel linked to the shipping company whose container ship MSC Elsa 3 sank off Kerala's waters in late May. The court has mandated that a Rs 6 crore security deposit must be provided before the sister vessel can leave port.

The judicial decision follows a legal challenge brought by six cashew trading companies who lost their imported goods when MSC Elsa 3 went down on May 25. These businesses approached the court seeking compensation for their cargo that was aboard the sunken vessel. The court ruled that the related ship cannot depart until adequate financial security is demonstrated.

Legal counsel Joy Thattil, representing the affected importers, informed the court that further proceedings would take place at 1:45 PM, when the shipping company was expected to present proof of the required deposit payment.

Criminal charges have been filed against the vessel's ownership team, captain, and crew members for dangerous navigation practices. The Liberian-registered container ship went down in waters near Alappuzha while transporting dangerous and flammable materials. Law enforcement lodged a First Information Report at Fort Kochi Coastal police station on June 11, citing violations under the Bharatiya Nyaya Sanhita related to reckless seamanship, improper handling of dangerous cargo, and blocking public shipping lanes.

The police complaint, initiated by local resident C Shamji from Alappuzha, accuses the ship operators of negligent vessel management that resulted in the maritime disaster and extensive environmental damage. Officials allege that dangerous substances were improperly secured, and floating containers have severely harmed ocean ecosystems while devastating local fishing operations, causing economic losses worth hundreds of thousands of rupees.

Defense Ministry data reveals MSC Elsa 3 was transporting 640 shipping containers when it sank, including 13 units containing dangerous materials and 12 filled with calcium carbide. The vessel also held 84.44 metric tons of diesel fuel and 367.1 metric tons of heavy fuel oil.

Acknowledging the disaster's severity, Kerala's state administration officially designated the MSC Elsa 3 wreckage as a state-level emergency on May 29, recognizing its far-reaching environmental, social, and economic consequences. The vessel capsized approximately 14.6 nautical miles from Kerala's coastline in the Arabian Sea.

Following the sinking, cargo containers have continuously washed up along shorelines across Alappuzha, Kollam, and Ernakulam districts. State officials have highlighted serious environmental threats, particularly concerns about petroleum contamination and the dispersal of toxic cargo remnants throughout coastal waters.

The court's decision to detain the sister vessel ensures that financial resources remain available to compensate victims while ongoing investigations determine the full extent of liability for this maritime catastrophe.RetryClaude can make mistakes. Please double-check responses.

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