C.M.A. against the order rejecting the appellant's claim to release property attached under TNPID Act. Held that appellant must approach the Special Court under Section 9. Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.4696 of 2019 C.M.P.No.26691 of 2019
S.Mohammed Farook .. Appellant vs. 1.Deputy Superintendent of Police, Economic Offence Wing-II, Coimbatore. 2.M/s.Green Life, No.5, 2nd Floor Lawanya Towers, Bharathi Street, Lakshmi Mill Bus Stop, Pappanaickanpalayam, Coimbatore. 3.M.Asmath Ghan Ghori 4.M.Amjad Ghan Ghori 5.B.Syed Mohamed Rafi 6.K.V.Balamanikandan 7.Ayub Ghan Ghori 8.I.Mohamed Ismail Ghri 9.Arfaz Ghori 10.A.Zulfikar .. Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 11 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, against the order dated 31.10.2019 made in O.A.No.02 of 2012 on the file of the learned Special Judge for Exclusive Trial of TNPID cases, Coimbatore.
For Appellants : Mr.R.Vivekananthan For Respondent : Mr.Y.T.Aravind Gosh Additional Government Pleader (CS) for R1 RR2, 3 & 5-Left RR4,7,8 & 10-No such addressee RR6 &9-Unclaimed
O R D E R
The Fair and Decreetal Order dated 31.10.2019 passed in O.A.No.2 of 2012 is under challenge in the present Civil Miscellaneous Appeal.
merits and in accordance with law. Thus, the impugned order dated 31.10.2019 passed in O.A.No.2 of 2012 stands confirmed.
2 issues framed by the court
Whether a bona fide purchaser of immovable property attached under the TNPID Act can challenge the attachment in a civil appeal or must approach the Special Court.
Whether the attachment of the appellant's property should be released in view of other attached properties belonging to the accused.
3 provisions across 1 enactments
S. Mohammed Farook
Deputy Superintendent of Police, Economic Offence Wing-II, Coimbatore
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
