Kochi: The Kerala High Court on Wednesday ordered the conditional arrest of MV MSC Polo II, a sister ship of the ill-fated MSC Elsa 3, following a cargo loss claim filed by Sans Cashew India Private Limited. The company has sought compensation of ₹74 lakh for goods reportedly lost when MSC Elsa 3 sank off the Kochi coast on May 24.

Justice M A Abdul Hakhim directed that MSC Polo II be arrested only if it is anchored within the territorial jurisdiction of the State. The court clarified that the vessel can be released upon recovery of the claimed amount or if suitable security is furnished.

The development comes days after the same judge ordered the conditional arrest of MSC Manasa F in a similar cargo loss suit filed by Mangalath Cashews. In that case, the petitioner claimed damages worth ₹1.54 crore, arguing that MSC Manasa F is owned, controlled, or managed by MSC Mediterranean Shipping Co SA, the same entity alleged to be responsible for MSC Elsa 3, even though the ships are registered under different sister companies.

MSC Manasa F was anchored at Vizhinjam port at the time of the court’s June 12 order and was reportedly scheduled to leave that day. The court noted that the petitioner had shown that the company had no other attachable assets in India, justifying the arrest of the vessel.

The sinkage of MSC Elsa 3, a Liberia-flagged cargo vessel, triggered serious environmental concerns after it released toxic cargo including calcium carbide into the sea. The government imposed a 20-nautical-mile fishing ban around the wreck to contain potential fallout.
(With LiveLaw inputs.)