A prima facie standard for arrest orders in Admiralty suits hinges on liability and the provision of security by the owner of the vessel.

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 faults. Due to the aforesaid incident, 643 containers were onboard the vessel and thrown into the sea. It is further alleged that on 30.6.2025, the plaintiff's fishing boat, along with its crew ventured into sea for fishing activity near Cochin Estuary and when the boat reached approximately at 9.52 (north) of Cochin Estuary, due to the floating containers and its sharp debris which were sunken underneath the sea, substantial damage was caused to the vessel of the plaintiff.

3. The claim is supported by documents, including the report of the surveyor. The sustainability of the claim will have to be looked into by this Court in the suit.

4. The plaintiff now seeks the arrest of the 1st respondent's vessel MV MSC PALERMO flying the Liberian flag and requires the 1st respondent to furnish security for the plaint claim before the vessel leaves the Vizhinjam port.

5. The learned Senior counsel for the plaintiff brought to the notice of this Court the order passed by this Court in a similar case, Admiralty Suit No.10 of 2025 dated 18.6.2025. R.19 of the Kerala High Court Admiralty (Jurisdiction and Settlement of Maritime Claims) Rules, 2019 provides for arrest irrespective of the lodging of caveat by the respondent. Although there is no caveat, in view of the voluntary appearance of the owner of the vessel before this Court, this Court is of the view that no prejudice would be caused to the 1st respondent if a conditional order of arrest is ordered till the furnishing of the security by the 1st respondent. It is not denied before this Court that the vessel is at present stationed within the jurisdiction of this Court and is presently docked at the 2nd respondent Port.

6. In view of the above, this Court is of the view that the appellant has made out a prima facie case and hence the following order is passed.

a. The vessel of the 1st respondent by name MV MSC PALERMO Flying Flag of Liberia, along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc., presently anchored at the 2nd respondent port is ordered to be arrested until an amount of Rs.35,08,864/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred and Sixty Four only) 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.

b. It is ordered that the 2nd respondent shall execute the Warrant and effect the arrest, seizure and detention of the said vessel, MV MSC PALERMO, along with her hull, tackle, engines, machinery, boards, bunkers, equipment, peripherals, and other appurtenances as ordered above.

c. It is made clear that the Warrant of Arrest would be withdrawn and the conditional order of arrest would automatically be vacated once the amount is deposited or security