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(2001) 3 SCC 71 (2019) 4 SCC 17 (2018) 1 SCC 407 (2019) (12) SCC 150 (2018) 18 SCC 786

10. Having considered the rival submissions made by the respective parties and upon perusal of the record, the following points would arise for consideration:

1. Whether the provisions of Section 24 (b) of Telangana Infrastructure Development Enabling Act, 2001 is applicable to the facts and circumstances of the present case?"

2. Whether the provisions of Section 238 of IBC,2016 have an overriding effect on Section 24(b) Telangana Infrastructure Development Enabling Act, 2001?

11.2. Learned Advocate General and learned counsel appearing for the respondent Nos.2 and 3 have rightly contended that the provisions of 24

(b) of the Act, 2001 is not applicable to the present case, on the ground that the Project will not come within the definition of the "Real estate" as defined under Schedule-III of Sec.2 (nn) of the Act, 2001. The nature of activity comes within the definition of "Hospitality Sector". Hence, the provisions of 'The Telangana Infrastructure Development Enabling Act, 2001' (Act No.36 of 2001) is not applicable to the case and also the provisions of Section 238 of IBC have an overriding effect on the Act, 2001.

11.3. In Section 2 (r) of 'the Act, 2001' defines 'Infrastructure'. Schedule III Section 2 (nn) defines 'Sectors' as the subject matter pertaining to the construction, development and infrastructure of the Hotel and the same do not come within the definition of Section 2 (nn) of 14 of 'the Act 2001' i.e. 'Real Estate'.

11.4. It is very much relevant to extract the provisions of Section 24 (b), and Section 30 of the Act, 2001 and also provisions of Section 238 of IBC, 2016.

The provisions of Section 238 of 'IBC' reads as under:

238 .Provisions of this Code to override other laws:

"The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law".

12. In Solidaire India Ltd.,(supra)the Hon'ble Supreme Court held as follows:

"8. The effect of this provision is that the said Act will have effect notwithstanding anything inconsistent therewith contained in any other law except to the provisions of the Foreign Exchange Regulation Act, 1973 and the Urban Land (Ceiling and Regulation) Act, 1976. A similar non obstante provision is contained in Section 13 of the Special Court Act which reads as follows: