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The criminal appeal is filed against the order passed in I.A.No.123 of 2004 on the file of the Special Court under Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997, Chennai.

2. The petitioners were prosecuted for the offences punishable under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997 (in short TNPID Act). The Government passed G.O.Ms.No.1028 Home (Courts II-A) Department dated 27.10.2003 making interim attachment of the properties of the petitioners/accused. The said communication was received by the first respondent who is the competent authority under the said Act on 4.11.2003. There was a delay of 189 days in filing an application under section 4 of the TNPID Act by the competent authority to make the interim attachment absolute. 3. Under the above facts and circumstances, the first respondent, competent authority filed an application under section 5 of the Limitation Act to condone the delay of 189 days in preferring the original application under section 4 of the TNPID Act. It has been contended by the first respondent competent authority that G.O.Ms.No.1028 Home (Courts II-A) Department dated 27.10.2003 was received by the first respondent competent authority on 4.11.2003.The first respondent competent authority should have filed an application within thirty days from the date of receipt of the said G.O praying to make the interim attachment absolute. But, the first respondent had to satisfy himself as to the defraud made by the financial establishment. He had also to enquire in detail to ascertain the fraud committed by the financial establishment. In the said process, the first respondent addressed the investigation officer and the Collector of Kanyakumari District and also the Registration Department for collection of various documents relating to the attached properties. Therefore, there had been a delay of 189 days in preferring the application under section 4 of the said Act, it is contended.

6. The points that arise for determination are

(i) Whether section 5 of the Limitation Act can be invoked to condone the delay in filing an application under section 4 of TNPID Act.

(ii) Whether the delay has been properly explained by the first respondent competent authority in filing an application under section 4 of the TNPID Act.

7. Learned counsel appearing for the appellants would strenuously argue that though there is no express bar under section 4(3) of the TNPID Act, there is an implied bar to exclude the ambit of section 5 of the Limitation Act. The legislature has very carefully made the provision under section 4(3) of the TNPID Act mandatory by employing the word "shall". The courts cannot give a different interpretation when the provisions are crystal clear mandating the competent authority to file an application within the time frame fixed therein. Further, he would submit that the delay has not been explained by the first respondent.

9. Learned counsel appearing for the second respondent/de facto complainant would contend that this court has already held that section 5 of the Limitation Act would apply in case there is a delay in filing the application within the time frame fixed under section 4(3) of the TNPID Act to make the interim order of attachment absolute. Further, the intendment of the Act would clearly establish that the provisions under section 4(3) of the said Act is only directory and not mandatory. The Trial Court has rightly come to the conclusion having thoroughly analysed the scheme of the TNPID Act that section 5 of the Limitation Act would apply to the provision under section 4(3) of the TNPID Act. It is his further submission that the administrative delay shown by the first respondent cannot be simply ignored taking hyper technical view adverse to the interest of the depositors who have been languishing for years together having lost their hard earned money.

12. In the instant case, G.O. Ms.No.1028 Home (Courts II-A) Department was issued making ad interim order of attachment on 27.10.2003. There is no dispute to the fact that the competent authority under the TNPID Act received the said notification on 4.11.2003. As per section 4(3) of the TNPID Act, an application should have been made within 30 days from 4.11.2003 i.e., on or before 3.12.2003. But, admittedly, there is a delay of 189 days in invoking the provision under section 4(3) of the TNPID Act by the competent authority.