SAJI SURENDRAN Vs. ELSA 3 MARITIME INC.

JUDGEMENT

(1.) Preliminary objection regarding jurisdiction and the prayer for rejection of the plaint, were negatived by the learned single Judge. The defendants are in appeal. The plaintiffs have filed cross appeals challenging an adverse finding in the impugned order.

(2.) The cause for the proceedings is the sinking of the Vessel MSC ELSA 3, that occurred on 25/5/2025 at 14.6 nautical miles away from the Kerala coast. The incident occurred during her voyage from Vizhinjam port to Cochin port. Claiming compensation for the alleged damages, several cargo owners and fishermen have filed admiralty suits against the plaintiffs. The owner, bareboat charterer and the time charterer of the vessel, as plaintiffs, have instituted the present suit under Sec. 352-C of the Merchant Shipping Act, 1958 for limitation of liability.

(3.) The cause title of the plaint reads thus:-