Loss of cargo: After ‘arrest', owner deposits 6cr, Kerala HC allows ship's release
The order was issued by Justice Abdul Hakhim in response to petitions filed by
Saji Surendran
of Mangalathu Cashews, R Rajendran of RRR Enterprises and representatives of J J Trading Company. All three petitioners are members of the Cashew Export Promotion Council.
In the order, HC clarified that if the shipping company produces a demand draft for Rs 6 crore, the vessel MSC MANASA F may be permitted to leave the territorial waters of the state.
Following the court's direction in the Admiralty suits, MSC (Mediterranean Shipping Co SA), the owner/operator of the vessel, submitted the demand draft for the said amount to the HC by the afternoon. Accordingly, the court permitted the release of the vessel and adjourned the Admiralty suit for further hearing on the compensation claim to July 15.
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.
Mangalathu Cashews, RRR Enterprises, and J J Trading Company raised claims of Rs 1.54 crore, Rs 1.63 crore, and Rs 1.58 crore, respectively, along with interest at 18% per annum.
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