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2021 Supreme(Online)(MAD) 16334

HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
S.SIVARAJ – Appellant
Versus
THE COMPETENT AUTHORITY AND – Respondent


J U D G M E N T

The appellants herein are the 3rd parties in O.A.No.35 of 2013 filed by the first respondent under Section 4(3) and 4(4) of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act 1997, Tamil Nadu Act No.44/97, seeking relief of attachment with regard to the scheduled mentioned properties and the same was allowed on 04.10.2001, which was challenged by the 3rd parties, who are the bonofide purchasers of the property, filed this appeal.

2. Points for consideration:

(i) Whether the Special Judge, Chennai, without perusing the revenue records with regard to the question of the property erroneously and ordered ad-interim attachment?; (ii) Whether the Special Judge, Chennai erred in passing order of attachment without following the natural justice and acting against the provisions under Section 3 and 7 (6) of TNPID Act?;

(iii) Whether the trial Judge failed to observe that the application filed by the first respondent herein is beyond period of limitation?.

3. The facts reveal that originally a house plot bearing number

85 measuring 2450 sq.ft., in S.F.No.236/11 of Nallur Village, Tiruppur Taluk, belonged to one K.Venkatachalam by means of a regi

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