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2024 Supreme(Mad) 1482

N. ANAND VENKATESH
P. Muthukumar – Appellant
Versus
Inspector of Police, Economic Offences Wing – Respondent


Advocates:
Advocate Appeared
For the Appellant : Mr.K.Govi Ganesan
For the Respondent: Mr.A.Edwin Prabhakar, State GP assisted by Mr.B.Tamilnidhi, AGP

JUDGMENT :

This is an appeal filed by the appellant under Section 11 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (for short, the Act) against the order dated 24.1.2024 passed in O.A.No.7 of 2023 on the file of the Special Court under the Act, Coimbatore confirming the attachment of the subject properties for bringing them for sale and to utilize the sale proceeds to pay back to the depositors.

2. The case of the appellant is as follows :

    (i) The subject properties were purchased by the third respondent through two separate registered sale deeds both dated 14.6.2019. Subsequently, the subject properties were sold to the appellant through two registered sale deeds both dated 12.11.2019. The appellant had nothing to do with the affairs of the defaulting company and he was a bona fide purchaser for value. While so, based on the complaint given by some of the depositors, a first information report was registered in Crime No.5 of 2020 on the file of the Inspector of Police, Economic Offences Wing, Coimbatore against the second respondent - company and its directors.

(ii) Thereafter, the first respondent identified the subject properties and

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