Ship mishap claim: Kerala HC directs registry to deposit money in bank
Kochi: High court on Monday directed the HC registry to deposit the amount of Rs 6 crore, covered by the demand draft provided by the owners of the cargo vessel MSC MANASA F, towards the claim raised by three cashew importing companies for losses suffered due to the capsize of MSC ELSA 3, in a fixed deposit with a nationalised bank for a year.
The bench of Justice M A Abdul Hakhim issued the order on petitions filed by five cashew importing companies seeking compensation for the loss of their cargo due to the sinking of the Liberian-flagged cargo vessel MSC ELSA 3 off Kerala coast on May 25. The petitioners had approached the HC with interim prayers to arrest MSC MANASA F, a sister vessel of the sunken ship, which was anchored at Vizhinjam, until the realisation of their claims.
Accordingly, on June 12, the bench ordered the arrest of the vessel until the shipping company produced a demand draft for Rs 6 crore before the HC registrar general.
On Monday, the owners of the vessel informed HC that the demand draft towards the petitioners' claim had been deposited with the registrar, and the high court registry confirmed the same. Additionally, the owners sought a directive to transfer the amount covered by the demand draft to an interest-bearing account.
The court accepted the request and ordered accordingly, before adjourning the petitions.
The petitioner companies, based in Kollam, stated in their pleas that they had purchased dried raw cashew nuts from a trading company in Dubai, which were shipped in containers bound for Tuticorin port. According to the petitioners, the consignments were expected to arrive at Tuticorin on May 24 aboard MSC ELSA 3. However, the Indian agent of the shipping company informed them via email on May 28 that the vessel had sunk on May 25 en route from Vizhinjam to Kochi, resulting in the total loss of cargo.
This led the companies to file Admiralty suits seeking compensation.
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