Latest news with #MAAbdulHakhim
Time of India
2 days ago
- Business
- Time of India
Sinking of MSC ELSA 3: Kerala HC orders conditional arrest of sister ship in claims plea
Kochi: The HC on Wednesday ordered the conditional arrest of the vessel MSC Polo II, a sister vessel of MSC ELSA 3, which had capsized and sunk off the Kerala coast on May 25. The order was passed in a petition filed by Sans Cashew India Private Ltd, seeking compensation for the loss of cargo valued at Rs 74 lakh. Justice M A Abdul Hakhim further clarified that the vessel may be released upon the production of a demand draft for the said amount before the HC registrar general. Earlier, HC had similarly detained another vessel, MSC MANASA F, in connection with petitions filed by various companies to recover compensation for consignment losses arising from the sinking of ELSA 3. In the present petition, the petitioner submitted that it had lost two consignments of Ghana dried raw cashew nuts (in shell) shipped from Tema port, Ghana, to Tuticorin port, India. T by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo he cargo was transhipped via Adani Vizhinjam Port and loaded onto ELSA 3, which later sank due to technical and operational failures, as confirmed by the mercantile marine department (MMD) and directorate general of shipping. The petitioner contended that they are entitled to recover the maritime claim under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, amounting to Rs 73.49 lakh. Meanwhile, the counsel for the vessel owner submitted that they had filed caveats before HC to prevent the arrest of vessels operated by the company within Indian territorial waters. It was also contended that the vessel is beyond 14 nautical miles from the Vizhinjam port and hence not available within the jurisdiction of this court. Nevertheless, HC ordered the conditional arrest of MSC Polo II until the production of the demand draft. Later in the afternoon, the shipping company produced the demand draft before the registrar. The petition has been adjourned to June 23.
Time of India
4 days ago
- Business
- Time of India
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.
Time of India
13-06-2025
- Time of India
M V MSC MANASA F: Kerala High Court Orders Arrest of Container Ship 'M.V. MSC MANASA F' Over Cargo Loss Claims, ET Infra
Advt By , ETInfra The Kerala High Court on Thursday ordered the arrest of 'M.V. MSC MANASA F', a Liberian-flagged container ship run by Mediterranean Shipping Company , S.A., and anchored at Vizhinjam Port , on an admiralty suit brought by a shipper ( cargo owner ) seeking to recover Rs1.54 crore arising from loss of cargo following the sinking of 'MSC ELSA 3' off the coast of Kerala on May 25.'The vessel of the 1st respondent (MSC) by name 'M.V. MSC MANASA F' (IMO 9238882), Flying Flag of Liberia, along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc., presently anchored in the Vizhinjam Port is ordered to be arrested until INR 1,54,71,443/- is deposited by the 1st respondent in this Court or until security for the said amount is furnished by the 1st respondent to the satisfaction of this Court,' Justice M A Abdul Hakhim wrote in the arrest warrant would be withdrawn, and the conditional order of arrest would automatically be vacated once the amount is deposited or security is furnished by the 1st respondent in this Court, without any further order, Justice Hakhim wrote in the shipper (cargo owner) Saji Surendran , Proprietor, Mangalath Cashews, contended that he lost certain containers containing his cargo due to the sinking of 'MV MSC ELSA 3' operated by alleged that the vessel sank due to mechanical, technical defects/failure on account of lack of proper care and the unseaworthiness of the vessel, and/or due to improper stowage of the containers in the vessel on account of crew further alleged that 'MV MSC ELSA 3' and 'M.V. MSC MANASA F' are managed/operated/controlled/owned by MSC though the said vessels are registered in the name of its two subsidiary companies, 'ELSA 3 MARITIME INC' and 'ALION MARITIME LTD LIB' and that both are sister told the Court that he was seeking arrest and detention of 'M.V. MSC MANASA F' as security for his maritime claim since MSC does not have any movable or immovable properties within the territory of counsel for MSC told the Court that the shipping line was 'ready to furnish security for the plaint (plaintiff) claim today itself' and there was no need for the Court to order conditional arrest of the ship.
Time of India
13-05-2025
- Time of India
Murder of 15-year-old Shahbaz: Kerala high court adjourns bail pleas of six students
Kochi: High court has adjourned to May 20 the bail pleas filed by six students accused in connection with the death of 15-year-old Shahbaz, a Class X student of M J Higher Secondary School, petitions, filed by the six accused, who were also Class X students, sought urgent consideration of their pleas, citing that May 20 is the last date for submitting applications for higher secondary admission. It was contended that continued custody was unnecessary as the investigation had already been completed. Meanwhile, the general education department has withheld the SSLC examination results of the accused bench of Justice M A Abdul Hakhim posted the matter for May 20 for further hearing. According to the prosecution, the incident occurred on Feb 28 during a farewell function at a tuition centre, where the accused allegedly assaulted Shahbaz with a deadly weapon following a minor altercation. It is alleged that he was attacked with a 'nunchuck', repeatedly punched and kicked, resulting in a severe skull fracture. Shahbaz succumbed to his injuries the next day at the Govt Medical College Hospital, accused were subsequently arrested and are currently housed at an observation home. They were permitted to appear for the SSLC examinations.
