IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 14232 OF 2022 Thangam D/o M.Kannappan, Door No.42, Xavier Colony, Melapalayam, Tirunelveli ..Appellant(s)

Vs

1. Deputy Superintendent of Police Economic Offences Wing-II Coimbatore

2. Fine Future @Fine Futuress @FineFuturess @FineFuturess @Fine Wayss @Bestwayss @Bestwaay @Aaimmsure way2success Gudwayss Gooddaaim Head Office No.3, Duraisamy Layout, Peelamedu, Coimbatore.

Corporate Office

10/33, PLS Nagar, Phase II, R.G.Pudur, Coimbatore, Represented by its Partner A.S.Senthil Kumar R3 3. A.S.Senthil Kumar S/o Subramaniam, No.3, Duraisamy Layout, Peelamedu, Coimbatore

4. M.Vivek S/o Mohan, Door No.37, Sree Varagamoorthy Avenue, Kumudham Nagar, NRI Garden Coimbatore

5. Nithyanandan S/o Mohan, Door No.37, Sree Varagamoorthy Avenue, Kumudham Nagar, NRI Garden, Coimbatore

6. R.Sathiyalakshmi D/o B.Rajagopalan, Site No.54, Annamalai Nagar, Thoppampatti Post, Coimbatore 17

7. S.Palanisamy S/o Subbaiah Gowder, Door No.2/362 Kannakkupillai Thottam, Venganaickenpalayam, Madhampalayam Post, Sathy Taluk, Erode District

8. A.Vellingiri S/o Arumuga Gounder, Door No.67A, Pasuvapalayam, Pudupeerkadavu Village, Sathiyamangalam Taluk, Erode

9. N.Thiruvarutselvi W/o P.Nanjudomoorthy, Door No.33-1, Thiru V.Ka Street, Punjaipuliyampatti Post, Sathy Taluk, Erode District

10.P.Nanjudomoorthy S/o Ponnusamy, Door No.33-1, Thiru V.Ka Street, Punjaipuliyampatti Post, Sathy Taluk, Erode District

11.M.Loganathan S/o Mariappan, Door No.2/55, Marampalayam Village, Karapadi Post, Punjaipuliyampatti Via, Sathiyamangalam Taluk, Erode District

12.Aruvathi W/o subbaiah Gounder, No.364, Muthu Nagar, Madhampalayam, Punjaipuliyampatti Village, Sathiyamangalam Taluk, Erode District

13.K.Thileeban S/o Kesavan, Door No.10A, Ramanathapuram, Kayamozhi Post, Tiruchendure Taluk, Thoothukudi District

14.Velusamy S/o Palanisamy, D.No.1/23D, Palladam Road, East Street, Pappampatti Village, Sulur Taluk, Coimbatore.

..Respondent(s)

PRAYER Civil Miscellaneous Appeal filed under Section 11 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, praying to set aside the fair and decretal order passed by the learned Special Judge, Special Court under TNPID Act, Coimbatore in OA.No. 2 of 2019 dated

12.05.2022.

For Appellant(s): Mr.A.Mohamed Ismail For Respondent(s): Mr.R.Venkatesa Perumal Government Advocate For R1 Mr. R. Abdul Mubeen For R7 To R14

Judgment

Challenging the order passed by the Special Judge, Special Court under TNPID Act, Coimbatore in O.A.No.2 of 2019, the 13^th respondent preferred this Civil Miscellaneous Appeal.

2. Before the trial court, the 1^st respondent police filed an application in O.A.No. 2 of 2019 under Sec.7(6) and (8) of TNPID Act praying to pass an order of attachment of immovable properties and directing the competent authority to sell the property stating that against the 2^nd respondent/defaulting firm, complaints were received from the depositors. Based on that, the F.I.R. in Crime No.19 of 2012 was registered and the final report has also been filed in C.C.No.15 of 2013 and arrayed the accused, who had collected and defaulted the amount more than Rs.189 crores. During the course of investigation, the properties mentioned in the schedule were found to be purchased by utilising the depositors money by the 6^th respondent along with other accused 7 to 11. The defaulted firm represented by other respondents 2 to 6 colluded with the family members of accused 7 to 11 purchased the property, which was initially registered in the name of accused 7 to 11, thereafter, the 6^th respondent transferred those properties in his name and his family members, but on 28.11.2012, the 6^th respondent with malafide intention executed five sale deeds over the properties in favour of 13^th respondent with the malafide intention for a meagre amount, who in turn executed a release deed in favour of 14^th respondent Velusamy, thereby transfer made by