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2009 (8) TMI 80 - HC - CustomsRecovery of personal penalty – Encashment of bank guarantee - According to the petitioners, they executed the bond in view of the decision of this Court that they would not be liable for payment of penalty which may be imposed on a member of crew (in this case Second Officer Mr. Aleksandr) for his illegal acts made without the knowledge or connivance of the owner or the Master of the ship. The decision of this Court was rendered in the year 1986 and has been accepted by the Customs Authorities and has not been appealed against. Relying on that decision and believing that the bond would not be enforced against them for recovery of any penalty imposed not on them but a crew member, they executed the bond. In view of this, the respondents are not entitled to recover the amount of penalty imposed on the Second Officer Mr. Aleksandr from the petitioners on the basis of a bond – Held that - the petitioners are entitled to the refund of the money so deposited together with interest, if any, accrued if the money has been invested
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