MMTC has prior charge of property over Punjab & Sind Bank as its mortgage deed is of earlier date

RDDBFI: Where DRT decree was passed by Recovery Officer in favour of PSB in respect of disputed property though arbitral award had already been passed in favour of MMTC in respect of that property, earlier mortgage would take prior claim by virtue of section 48 of TPA and matter was to be remanded to Recovery Officer to determine whether mortgage claim existed in favour of PSB