Kochi, Aug 21 The Kerala High Court on Thursday permitted the owners of the capsized vessel MSC Elsa 3 to publish public notices in connection with an admiralty suit filed by them seeking to limit liability for maritime claims arising out of the ship’s sinking.
The suit was filed under Part XA of the Merchant Shipping Act, 1958, which provides for the limitation of liability of ship-owners in relation to maritime losses.
The plaintiffs approached the High Court after several claims were raised against them following the incident.
Justice M.A. Abdul Hakhim, while considering an interim application, allowed the plaintiffs to issue notices in multiple publications - all editions of the Malayalam daily 'Malayala Manorama', the Kochi and Mumbai editions of 'The Times of India', and the international maritime journal 'Trade Winds'.
In their plaint, the ship-owners included seven defendants who had already lodged claims, and designated "Defendant No. 8" as all persons claiming or being entitled to claim damages.
This inclusion, they argued, was to ensure a general public notice and to cover all potential claimants.
The senior counsel for the plaintiffs submitted that the limitation of liability is rooted in international maritime law and serves the larger interests of shippers and trade.
"There is a public policy purpose in limiting liability," the counsel argued.
The defendants’ lawyers did not oppose the publication of public notices, prompting the court to pass the interim order.
“This is only for the advancement of justice. It will not defeat the purpose,” Justice Abdul Hakhim orally observed.
Senior counsel V.J. Mathew pointed out that the Kerala High Court has not framed separate rules to deal with claims under Part XA. However, the court noted that a coordinate bench had already directed the Registry to number the suit after considering precedents from the Bombay and Andhra Pradesh High Courts.
"When the suit is numbered, this court has to proceed with the suit like any other suit," Justice Abdul Hakhim observed.
The court directed the plaintiffs to submit a draft of the paper publication within three days, while listing the matter for further hearing on September 18.
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