(1.) Leave granted in S.L.P. (C) No. 24767 of 2005.
(2.) Whether Section 38C of the Bombay Sales Tax Act, 1959 (for short "the Bombay Act") and Section 26B of the Kerala General Sales Tax Act, 1963 (for short "the Kerala Act") and similar provision contained in other State legislations by which first charge has been created on the property of the dealer or such other person, who is liable to pay sales tax etc., are inconsistent with the provisions contained in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the DRT Act') for recovery of 'debt' and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Securitisation Act') for enforcement of 'security interest' and whether by virtue of non obstante clauses contained in Section 34(1) of the DRT Act and Section 35 of the Securitisation Act, two Central legislations will have primacy over State legislations are the questions which arise for determination in these appeals.
(3.) For the sake of convenience, we have taken notice of the facts of civil Appeal Nos. 95/2005 and 2811/2006 and the reasons contained in the orders passed by Kerala and Bombay High Courts, which are under challenge in these appeals.