In a dramatic maritime twist, the Kerala High Court has ordered the conditional arrest of the cargo vessel MSC Akiteta II, currently docked at Vizhinjam Port, after the State sought staggering compensation for environmental and economic devastation linked to the sinking of its sister ship, MSC Elsa-3.
The interim order came in response to an admiralty suit filed by the Kerala government, demanding ₹9,531.11 crore in damages. Justice MA Abdul Hakhim, presiding over the case, ruled that the vessel could be detained unless adequate security was furnished for the claim. The vessel’s arrest is seen as a legal safeguard to prevent it from slipping out of Indian waters before dues are settled.
At the heart of the case is MSC Elsa-3, a Liberian-flagged container ship that sank on May 25, about 13 nautical miles off Kerala’s coast. Carrying over 643 containers, including plastic nurdles and hazardous materials, the ship reportedly developed a severe starboard tilt and submerged after internal flooding. The aftermath left a trail of destruction along Kerala’s coastline—marine life fatalities, oil slicks, and contamination that hammered local fishing communities.
Kerala’s claim is built on multiple fronts: ₹8,626 crore for pollution damage, ₹378 crore for ecological restoration, and ₹526 crore for economic losses endured by coastal communities. Relief efforts have already kicked in, with over 1 lakh families receiving emergency aid and supplies.
The State invoked provisions under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, stating that the vessel’s presence in Indian territory—specifically under the control of MSC Mediterranean Shipping Company SA—justified judicial intervention. Citing Sections 4 and 5 of the Act, the court recognized the connection between MSC Akiteta II and the sunken Elsa-3, referring to them as “sister ships” under shared operational control.
Adani Vizhinjam Port Pvt Ltd was instructed to execute the arrest and ensure the vessel remains secured. However, the court clarified that port operations like loading and unloading of cargo would not be hampered by the seizure order.
This isn’t the first MSC vessel caught in legal netting. Two other sister ships, MSC Manasa-F and MSC Polo-II, have also been arrested earlier on suits filed by private claimants for cargo-related losses tied to the Elsa-3 disaster.
The court is scheduled to hear the matter again on July 10. Until then, MSC Akiteta II remains anchored not just to the port—but to a spiraling environmental compensation saga.
