were deposited in the bank by respondents 2 and 3. Now the first respondent has to realise 1,65,520/- from respondents₹ 2 and 3 and sale proclamation has been published by the 1st respondent. Since charge over the property of the appellant has to be fixed, the appellant approached the court below to allow the claim petition. The first respondent also filed written objection with regard to the contention. The appellant produced Exts.A1 to A6. In the light of the documents produced, the learned District Judge allowed the claim petition and the right of the appellant was declared. Now the appellant contended that the Court below failed to fix the first charge over the scheduled property. The Court below permitted the first respondent to effect the sale of the property subject to the mortgage on the basis of arbitration award. Since respondents are colluding with each other, the appellant may lose his right. Even though such a contention was raised, no documents have been produced before this Court to show the collusion. The learned District Judge
