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Karnataka High Court halts Gujarat firm from removing wreckage

The Karnataka High Court recently stayed any operation by a Gujarat-based firm to remove the wreckage, which had sunk near the coast of Dakshina Kannada on June 21, 2022, after facing bad weather. The interim order was passed by Justice CM Poonacha on a petition by the owner of the vessel, the Panama-based company named 5 Oceans Administration Inc., which has accused the Gujarat-based firm, Bansal Endeavours LLP, of attempting to unjustly profit off the sinking. The ship’s owner, 5 Oceans has now challenged a June 8, 2023 order passed by the Dakshina Kannada District Magistrate, by which Bansal Endeavours LLP was permitted to remove the wreckage. 5 Oceans alleged that this order was passed behind its back, and under a private arrangement with Bansal Endeavours. The company added that the June order falsely claimed that 5 Oceans did not come forward to claim the vessel. 5 Oceans further contended that Bansal Endeavours does not have the expertise or the experience to carry out the process of removing the underwater wreckage and that its operation may have an adverse environmental impact if it is not done properly. 5 Oceans also asserted that it still owns the sunken vessel and its wreckage, the worth of which is bound to be nothing short of a few million United States Dollars. The Petitioner has the first and only right to the Vessel and its value. The company added that it had diligently been following up with the authorities for permission to remove the wreckage for months after the debunkering process was declared as completed. As per 5 Oceans, the District Magistrate initially cited the Karnataka Assembly Elections to delay the process when he was approached for permission in April this year. Later, he is said to have indicated that the permission may be granted after the monsoons get over. While so, 5 Oceans has alleged that it came to know only in October that Bansal Endeavours was given permission to remove the wreckage by an order passed in June 2023. 5 Oceans termed this order manifestly arbitrary, malafide and without jurisdiction. It added that the order was passed at the instance of a “meddlesome interloper” (Bansal Endeavours LLP) who has “continuously indulged in speculative and profiteering activities in order to make unfair, gains from a deeply unfortunate situation.” Bansal Endeavours has also been accused of having misappropriated the fuel that was aboard the vessel for unjust enrichment instead of handing it over to 5 Oceans after the LLP was hired earlier by 5 Oceans to carry out the debunkering in 2022. On Oct 19, 2023, the High Court sought the response of the LLP as well, apart from the District Magistrate of Dakshina Kannada and the Old Mangalore Port Authority. The Court also granted 5 Oceans interim relief by acceding to their interim prayer to stay the “in situ removal” of the wreckage, which the company said would allow Bansal Endeavours to “tear apart the vessel, limb from limb, and destroy her.” The matter will be heard next on Nov 16.

Oil not to be drained before August

Nearly a month after the 'Princess Miral' sank at Battappady of Ullal, the situation remained unchanged. In the present weather conditions, the oil that is held in the tanks the vessel will not be emptied till the end of August. Two separate teams had arrived from Goa and Mumbai and carried out an inspection with regards to removal of oil and other matters pertaining to its salvage. The tug 'Waterlilly' of the water transport ministry has been stationed at NMPT in order to combat any oil spillage, in case if it happens. Coast Guard and police were also keeping watch on the vessel. The crew of the ship remained in the city as their repatriation process was not yet complete. Representatives of the ship owner were putting in all efforts in this regard and they are likely to be repatriated next week. Report with photo: https://daijiworld.com/news/newsDisplay?newsID=980087