Instant appeal has arisen against a judgment and order dated 11th April, 2022 passed by Learned DRT-3 Kolkata disposing of SARFAESI Application No. 207 of 2020. 2. I have heard the Learned Counsel for the parties and perused the record. 3. It is a peculiar case wherein two Banks are contesting each other on one property although the Appellant herein was assigned the loan by Indian Overseas Bank. The main dispute relates about the genuineness of the Deed filed by Respondent No. 3 which is I-4523 of 2001. Original borrower of the Indian Overseas Bank expired. Respondent No. 4 was the guarantor who created equitable mortgage on 23.08.2002. There was a default. Accordingly, loan account was classified NPA and SARFAESI proceedings were initiated. As would appear from the findings of the Learned DRT that both the secured creditors are claiming charge over the same property and also that the original Title Deed of the property is lying with their custody. SARFAESI proceedings initiated by the Appellant as well as the Respondents are not under challenge. The only issue is regarding the genuineness of the Deeds. It appears that the Learned DRT scrutinized the Deeds and also sent the same to the District sub Registrar -III Alipore South 24 Paraganas, But a report is received to the effect that he is not an expert to authenticate the genuineness of the Deed. Even the DRT could not find the genuineness of the Deeds. Hence,
