SAJI SURENDRAN Vs. ELSA 3 MARITIME INC.

JUDGEMENT

(1.) These Applications are filed by the Defendant Nos.1 and 6 under Order VII Rule 11(a) and Rule 11(d) r/w Sec. 151 of the Code of Civil Procedure, 1908, to hear the maintainability of the Admiralty Suit as a preliminary issue and to reject the Plaint in the Suit on the ground that the Plaint does not disclose a proper cause of action constituting a valid maritime claim and that the Suit is barred by law in the absence of Rules governing the proceeding for limitation of liability in this Court.

(2.) The plaintiffs have filed the suit claiming that the Plaintiff No.1 is the Owner, the Plaintiff No.2 is the Bareboat Charterer and the Plaintiff No.3 is the Time Charterer and Operator of the Vessel MSC ELSA 3 for the constitution of a limitation fund under Sec. 352-C 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 the Kerala Coast during its voyage from Vizhinjam Port to Cochin Port and on account of the incidents connected therein. Several cargo owners and fishermen have filed Admiralty Suits claiming compensation against the Plaintiff No.3. The State of Kerala has filed Adml.S. No.12/2025, claiming compensation from the Plaintiff No.3 for the damage caused to the environment, coastline, or related interest of the State, the cost of the measures taken to prevent, minimise, or remove the damage to the environment, coastline, or related interest in the State and the cost of the measures for restoration of the environment, the economic loss caused to the fishermen of the State of Kerala, etc., due to the sinking of the Vessel MSC ELSA 3.

(3.) As per the Plaint, the Plaintiffs have filed the present Admiralty Suit under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, read with Rule 3 of the Kerala High Court Admiralty (Jurisdiction and Settlement of Maritime Claims) Rules, 2019, and Part X-A of the Merchant Shipping Act, 1958, read with the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2015.