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2021 Supreme(Mad) 308

S.M.SUBRAMANIAM
V. K. Subramaniam (died) – Appellant
Versus
Inspector of Police, EOW-II, Erode – Respondent


Advocates Appeared:
For the Appellants :M/s. A. Thiyagarajan, T. Balaji, Advocates.
For the Respondents: R1, Y.T. Aravind Gosh, Additional Government Pleader (CS).

JUDGMENT :-

(Prayer: Civil Miscellaneous Appeal is filed under Section 11 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 against the fair and decretal order made in O.A.No.29 of 2013 dated 21.07.2017 on the file of the Court of the Special Judge, Special Court under TNPID Act Cases, Coimbatore.)

1. The fair and decretal order dated 21.07.2017 passed by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore in O.S.No.29 of 2013, is under challenge in the present Civil Miscellaneous Appeal.

2. Learned counsel for the appellants made a submission that the first appellant is the innocent purchaser of the property and he is no way connected with the finance company nor accused in the criminal case. Therefore, purchase of property by the first appellant is to be protected. When the first appellant is the bona fide innocent purchaser, the sale cannot be interfered with as he is unconnected with the affairs of the Financial Company.

3. Learned counsel for the appellants reiterated that the Special Court has committed an error in granting permission for attachment without considering the fact that the first appellant is a thi

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