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2025 Supreme(Online)(ATFP) 13458


APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-PMLA-2947/CHN/2019 Smt. Soodamani Dorai ... Appellant Versus The Deputy Director Directorate of Enforcement, Chennai … Respondent Advocates/Authorized Representatives who Argued For the Appellant : Mr. Rajat Jain, Mr. S. Ravi, Advocates For the Respondent (ED) : Mr. Ritesh Aggarwal, Ms. Priyanshi Sharma, Advocates CORAM SHRI G.C. MISHRA : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

26.05.2025

Dictated By: Rajesh Malhotra

The present appeal u/s 26 of Prevention of Money Laundering Act, 2002 is filed by the appellant against the order dated 18.01.2019 passed by the Adjudicating Authority in Original Complaint no.178/2013, whereby it confirmed the attachment of properties by ED vide Provisional Attachment Order no.01/2013 dated 14.02.2013. The details of the properties of the present appellant are as under :- 

All that piece and parcel of land in Survey Nos. 66/1 and 66/4 subdivided into Plot Nos. 40, 41, 42, 50, 51, 52 in KMR Nagar Layout, Chettychavadi Village, Salem District, total measuring 11405 square feet purchased vide Sale Deed No.2186/2009 dated 27.04.2009 and registered at Sooramangalam S.R.O., Salem.

2. As per the facts of the case, police report u/s 173 Cr.P.C. was filed before Ld. Chief Judicial Magistrate, Coimbatore against Manickam Dorai, the Bishop of the CSI Diocese, Coimbatore. As per allegation, during the period from 2005 to 2008 Sh. Manickam Dorai in connivance with his brother, Sh. M. Moorthy, the then Honorary Secretary of CSI, Erode, Christian College of Arts and Science for Women; Sh. Maneson, Former Convener of Higher Education Committee, Coimbatore, CSI Diocesan Council; and Sh. Swamidoss, Treasurer of CSI Diocese, Coimbatore had dishonestly mismanaged and misappropriated the funds of the Diocese Coimbatore, which was a public Charitable Trust to the tune of Rs.3.53 Crores. Sh. Manickam Dorai also connived with his brother Sh. M. Moorthy of CSI Teacher’s Training Institute, Erode and Swamidoss, Treasurer of CSI Diocese, Coimbatore and had mishandled the Trust funds to the tune of Rs.77,70,000/- during the period from 2004 to 2007. Moreover, Sh. Manickam Dorai had conspired with his brother Sh. M. Moorthy and Sh. Manesan, and had created forged documents and had used the same as genuine to cover up their misappropriation. Sh. Manickam Dorai had also in connivance with S/Sh. M. Moorthy, who was the Honorary Correspondent of CSI Teacher’s Training Institute, Erode and Manesan during the period 2004-2008 had collected donations from the women students, who got admission under the Management Quota, a total amount of Rs.2,83,10,000/- and had misappropriated the same without depositing it into the accounts of CSI Coimbatore Diocese. Sh. Manickam Dorai during the period 2005-2006, in connivance with S/Sh. M. Moorthy, Manesan and Swamidoss, had availed loans to the tune of Rs.80,00,000/- by pledging the pension funds of Diocese Employees and had misappropriated the loan amount. It is alleged that Sh. Manickam Dorai had committed the offences punishable u/s 120-B IPC read with 409, 465, 471 of IPC and the substantive offences thereunder. The amount involved in these cases is approximately Rs.7.93 crores.

Accordingly, the Directorate of Enforcement recorded Enforcement Case Information Report (ECIR) no.03/2012 dated 12.04.2012 at Chennai for initiating investigation for offence of money laundering under PMLA, 2002. During investigation ED recorded the statements of suspects/ accused persons and also collected the documents from various sources including the investigating agency. In the investigation conducted by ED, it was found that during the year 2009 Smt. Soodamani Dorai had purchased a property (as mentioned in para no.1 above). During investigation Manickam Dorai stated that his wife Smt. Soodamani Dorai worked as a teacher in primary and medical school and took voluntary retirement in 2002. She had not received her pension, till date. They have a daughter named Smt. Mercy Angela and a son Dr. Jeremy Bliss. His wife purchased a plot measuring 10,000 square feet in the foothills of Yercaud in Salem during the year 2008 or 2009. However, he could not explain the source of funds for the purchase of property (mentioned in para no.1 above) in the name of his wife. He also failed to file the details of bank account of his daughter Smt. Mercy Angela on or before 17.05.2012.

During inte

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