Kochi: The Kerala High Court has ordered the arrest of Liberia-flagged container vessel MV MSC Akiteta II – currently anchored in Vizhinjam port – to recover a claim of Rs 9,531 crore made by the Government of Kerala. The claim is for pollution (oil and cargo), remediation measures and for loss of livelihood caused to fishermen, due to the capsize of the MV MSC Elsa-3, a sister vessel of MV MSC Akiteta II.
Justice M A Abdul Hakim ordered that the vessel MSC Akiteta II “along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia is ordered to be arrested until Rs 9,531 crore is deposited by the ship in the court or until security for the said amount is furnished by the ship”.
The Vizhinjam port – operated by the Adani Group – has been directed to execute the arrest of the ship. The matter will come up for hearing again on July 10.
MV MSC Elsa 3, a container vessel operated by MSC Shipmanagement Ltd, developed a severe starboard list while on its way to Kochi from Vizhinjam around 1 pm on May 24. This happened about 30 nautical miles southwest of Kochi. The ship sank around 7.50 am on May 25, approximately 13 nautical miles off the coast of Kerala.
All its deck containers were reported adrift in the surrounding waters. Among these were 13 containers classified under IMDG (International Maritime Dangerous Goods) Class 4.3, containing Calcium Carbide – a hazardous substance that reacts violently with water, releasing flammable gases.
The Kerala Government then moved an admiralty suit, following which the court directed the conditional arrest of the MV MSC Akiteta II on Monday. The MV MSC Akiteta II is also owned by MSC Shipmanagement Ltd.
The government’s secretary to the environment department had filed the admiralty suit, seeking Rs 8,626.12 crore as compensation towards damage caused by MSC Elsa-3 to the environment, coastline and related interests of the state. The remaining Rs 378.48 crore is for taking measures to prevent, minimise or remove the damage caused by the vessel to the environment, coastline, and related interest in the state. The loss to fishermen has been pegged at Rs 526.51 crore.