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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sri. V.J. Mathew, J
Purushothaman v. Owners and Parties Interested in the Vessel MV MSC Palermo
| Table of Content |
|---|
| 1. the legal grounds for an admiralty claim on vessel operational faults. (Para 1 , 2) |
| 2. procedural aspects of court orders regarding security and vessel arrest. (Para 3 , 4) |
| 3. conditions for the maintenance of an arrest order pending security deposit. (Para 5 , 6) |
1. Heard Sri. V.J. Mathew, the learned Senior counsel appearing for the petitioner / plaintiff, assisted by Adv. Merline Mathew, Sri. Pranoy K. Kottaram, the learned counsel appearing for the 1st respondent / owner and Sri. Roshen D. Alexander, the learned counsel appearing for the 2nd respondent / port.
2. The Admiralty Suit is one filed under S.4(1)(d) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act , 2017 seeking for recovery of an amount of Rs.35,08,864/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred and Sixty Four only) for the loss caused to the plaintiff's fishing vessel directly in connection with the operation of MSC Elsa 3 owned and operated by the 1st respondent. Going by the averments contained in the application, it is seen that MV.MSC Elsa 3 capsized and sank approximately 13.4 nautical miles southwest of the coast of Kochi due to operational and technical faul
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