On June 18, the Kerala High Court directed the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, in response to a claim made by Sans Cashew India Private Limited. The company has alleged a cargo loss involving MV Elsa 3 and has filed a claim for compensation amounting to ₹74 lakh.
Justice M.A. Abdul Hakhim stated that the arrest order would apply only if the vessel is found anchored within the territorial waters of Kerala. Once the claimed amount is paid, the vessel can be released from custody.
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"The arrest shall be executed only if the ship is within the jurisdiction of this Court," the judge observed.
Earlier, the Court had granted a similar conditional arrest order for MSC Manasa F in another case involving cargo loss in MSC Elsa 3. That case was initiated by a different company also affected by the same incident.
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“This is a continuation of the claims connected to the cargo that went missing from MSC Elsa 3,” the Court noted.
“The ship may be released on securing the claim amount,” the Court clarified.
The current petition is titled Sans Cashew India Private Limited v Owners and Parties Interested in the Vessel MV MSC Polo II and registered under Adml. S 10/2025.
