IN THE HIGH COURTOF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.204 OF 1999 IN SUIT NO. 4632 OF 1994 I.C.I.C.I. Bank Ltd. ... Appellants. [orig. plaintifs.] Versus. Kanishka Investments Pvt.Ltd. and Ors. ... Respondents. [orig. defendants] S.S.Patwardhan i/b. Mr. O.A.Das for the appellants. Y.V.Divekar with Ms B. Bhagwa i/b. Divekar & Co. for respondent Nos.1, 2B to 2D. CORAM CORAM CORAM : D.K.Deshmukh and : D.K.Deshmukh and : D.K.Deshmukh and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : January 29, 2009. : January 29, 2009. : January 29, 2009. P.C. 1. By consent of the appellant and defendant No. 2B, 2C, 2D and defendant No.1, the appeal is disposed of in following terms :- (i) The defendant No.1, 2 B, 2C and 2D are directed to pay an amount of Rs. 47,72,045.38 Ps. to the appellant- plaintiff with interest @ 9% per annum from the date of institution of the suit till the date of realisation. (2) The Receiver who has been appointed during the pendency of the appeal shall continue to be the receiver during the execution. (3) From the sale proceeds of the property, which is mortgaged, first the decretal amount shall be deducted. Thereafter if there is any surplus, the expenses that have been incurred by the appellant-bank on protection of the land through the receiver and receiver charges shall also be deducted. It is made clear that the protection money spent by receiver is to be recovered from the sale proceeds of the property and if the sale proceeds are not enough to cover that, the recovery cannot be made from the defendants. (4) Defendant No.2A has been served with the appeal. He has a share in the land which is mortgaged. The learned Counsel appearing for defendant No. 2B, 2C and 2D who are his family members has informed that the defendant No. 2A is not traceable. In this view of the matter therefore we have passed the decree. If any amount remains in balance from the sale proceeds after paying off the Bank that amount shall be divided into four parts. Three parts shall be payable to the defendant Nos. 2B, 2C and 2D and one part shall remain deposited in this Court to the credit of this appeal. In case defendant No. 2A claims that amount within a period of one year from the date of deposit, it be paid to him. If he does not claim the said amount within the aforesaid period of one year, it be paid over to defendant No. 2B, 2C and 2D equally. In that event, defendant No. 2A shall be at liberty to institute proceeding for recovering that amount from defendant Nos. 2B, 2C and 2D. 2. The appeal is disposed of. [D.K.Deshmukh, [D.K.Deshmukh, [D.K.Deshmukh, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]