1. Both the Civil Miscellaneous Appeals C.M.A.No.1612 of 2013 and C.M.A.No.1613 of 2013 have been filed against the orders of the learned Special Judge under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997 dated 12.04.2013 dismissing the application filed by the appellants as O.A.No.6 of 2013 for raising the interim order of attachment passed by the Government and allowing the application filed by the competent authority as O.A.No.25 of 2012 seeking confirmation of the attachment and permission to sell the attached assets of the appellants.

2. The facts leading to the filing of the appeals are as follows: The second appellant N.Suresh started a business in the name of M/s. N.S. Agro Farm and Hatchery, a partnership firm and he acted as the Managing Partner. In the guise of promoting the business of rearing EMU Birds, he entered into agreements with various farmers making them invest huge amounts. By the said agreement, the farmers had paid amounts ranging from Rs.1,00,000/- and above. In turn, he had promised to supply a few Emu Birds to be maintained by the investors at their places and certain amount was promised to be paid periodically (monthly) for the maintenance of such Emu Birds. Under the agreement with some of the investors, he has simply agreed to pay certain amount as share in the income derived from the Emu business run by him, without even involving the investors in the rearing of the Emu birds. In all the agreements, it was invariably provided that at the end of the contract period, those who were entrusted with the Emu Birds should return the Emu birds and the appellant would refund the amount received from the farmers (investors) without any interest. As it was also brought to the notice of the Government of Tamil Nadu, he was not in a position to fulfill the promise and committed default in payment of the amount as promised by him and on being satisfied that the appellant was not likely to return the deposits to the depositors, the State Government chose to pass an order of ad-interim attachment under Section 3 of the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997 in G.O.Ms.704, Home (Police XIX) Department, dated 21.09.2012 attaching the cash balance standing to the credit of Messrs N.S. Agro Farm and Hatchery and its Directors/partners Suresh and N.Sugandiradevi. In the said order of interim attachment, the District Revenue Officer, Erode was appointed as the Competent Authority and he was requested to pursue action in accordance with the procedure laid down in Sub-section (3) and (4) of Section 4 of the Act, namely Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997. A schedule attached to the said order of ad-interim attachment shows the deposits in the name of the firm and its partners totalling a sum of Rs.1,68,15,500.17. Simultaneously, another order of ad-interim attachment came to be passed by the Government in G.O.Ms.710, Home (Police XIX) Department, dated 21.09.2012 attaching 600 EMU Birds belonging to the first appellant firm at D.No.57, Nariyampallam, Kaveripalayam (Sourth), Siruvaloor, Gobichettipalayam, Erode District and transferring the control of the said birds to the Competent Authority, namely District Revenue Officer with direction to take follow up action.

3. Pursuant to the passing of the said order of ad-interim attachment attaching the movables, namely cash in the Bank Account and the Emu Birds, the Competent Authority, namely District Revenue Officer, Erode filed an application in O.A.No.25 of 2012 before the Special Judge under Section 4 (3) of the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997, Coimbatore praying for an order making the ad-interim attachment absolute and also permitting the competent authority to sell the Emu Birds which were attached. The second appellant, besides filing an affidavit on behalf of