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SC affirmed MMTC's proprietary rights over 45 kg of confiscated gold, rejecting Indian Bank's claim of first charge. The court determined that since the gold was originally loaned by MMTC to an NRI who breached export conditions and subsequently hypothecated it to the bank, the original ownership vested with MMTC. The confiscation by Customs Department on 20.06.2000 and MMTC's subsequent payment of customs duty, penalty, and interest substantiated its entitlement to recover the gold. The bank's claim was consequently dismissed, with the court restoring the gold to MMTC as the rightful owner.
SC affirmed MMTC's proprietary rights over 45 kg of confiscated gold, rejecting Indian Bank's claim of first charge. The court determined that since the gold was originally loaned by MMTC to an NRI who breached export conditions and subsequently hypothecated it to the bank, the original ownership vested with MMTC. The confiscation by Customs Department on 20.06.2000 and MMTC's subsequent payment of customs duty, penalty, and interest substantiated its entitlement to recover the gold. The bank's claim was consequently dismissed, with the court restoring the gold to MMTC as the rightful owner.
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