Held, that there is no doubt that the provisions of the SARFAESI Act would be applicable because the said Act was a special Act dealing with respective rights and obligations with respect to proceedings took thereunder. It was trite that a special legislation would prevail over a general legislation. There was no necessity to burden our judgment with case laws on this point and which indeed were legion. The provisions of the SARFAESI Act would therefore prevail in case of any conflict and inconsistency of any provision therein with any provisions of the Transfer of Property Act and the CPC. That being so, various judgments which had been cited on behalf of the petitioners under the provisions of the Transfer of Property Act and the CPC would not apply at all.
