XAVIER PETER Vs. ELSA 3 MARITIME INC.

JUDGEMENT

(1.) The captioned 47 Applications are filed by third parties to the suit seeking their impleadment as additional Defendants in the Suit. All the Applications are opposed by the Plaintiffs by filing Counter Affidavits.

(2.) The suit is filed by the Plaintiffs, who are three in number, under Part XA of the Merchant Shipping Act, 1958, for the constitution of a limitation fund under Sec. 352B of the Merchant Shipping Act, 1958, for the purpose of limiting their liability arising out of all the claims on account of the sinking of the vessel MSC ELSA 3 on 25/5/2025 at 14.6 NM away from Kerala coast during its voyage from Vizhinjam to Cochin and on account of the incidents connected therewith.

(3.) The Plaintiffs claim that the Plaintiff No.1 is the owner, the Plaintiff No.2 is the Bareboat Charterer and the Plaintiff No.3 is the Time Charter & Operator of the Vessel MSC ELSA 3. The Suit was filed against the Defendant Nos.1 to 8 on the party array. The Defendant Nos.1 to 6 are persons/entities who filed the Admiralty Suits claiming compensation on account of their loss of cargo on board as a result of the sinking of the vessel MSC ELSA 3. The Defendant No.7 is the State of Kerala, which also filed Adml.S. No.12 of 2025, claiming compensation from the Plaintiff No.3 for the damage caused to the environment, coastline, or related interests of the State, the cost of the measures taken to prevent, minimise or remove the damage to the environment, coastline, or related interests in the State and the cost of the measures for restoration of the environment, economic loss caused to the fishermen of the State of Kerala etc., due to the sinking of the vessel MSC ELSA 3. The Defendant No.8 is shown as "All persons claiming or being entitled to claim damages by reason of/or arising out of loss/damage to Cargo on Boards the vessel MSC ELSA 3 from Vizhinjam to Kochi in May 2025".