proceedings
before any other Court is under Section 446 . The provisions of IBC, by
virtue of Section 238 of IBC will override the provisions ... pari-materia to section 10 of IBC and section 22 of
SICA is similar to Section 14 of IBC.
25 IBC has been enacted
IBC and Section 434 of the Companies
Act, 2013 as amended by Section 255 of the IBC diluting the rigour of
Section 238 IPC. This ... date from which provisions of
Section 238 have come into force. This Section gives overriding effect to
the IBC. A later date, 15th December
passed under sub- section 5 to
sub- section 7 of Section 8 or Section 58B or sub-section 2A or Section 60
Company Appeal ... Corporate Debtor
required under IBC. Reliance was also placed on Section 14 of IBC as well
as the Section 238 of IBC and Judgments
inconsistent inter-alia
with Section 20 of IBC, 2016 and are invalid and prohibited under
Section 238 of the Code. Moreover, termination proceedings could ... work orders
are inconsistent with Section 20 of IBC are in valid and prohibited under
Section 238 of IBC. Moreover, Section 14 is not applicable
viii) The PPA is not an instrument under Section 238 of IBC, since the phrase
used in the section - ―instrument having effect by virtue ... obstante
clause under Section 174 of the Electricity Act would be overridden by
Section 238 of IBC in case of a conflict of jurisdiction
impugned notices. If there
is any doubt on this count, Section 238 IBC makes it
abundantly clear that provisions of the IBC would prevail over ... IBC with the impugned notices and the Act. Therefore,
question of Section 238 IBC having overriding effect is
redundant. She has also referred
judgment whereby the Hon'ble Supreme Court held that
Section 238 of IBC has overriding effect over all other laws. Further,
learned Counsel relied ... other authority.
Further, the Hon'ble Supreme held that Section 238 IBC give an
overriding effect to the IBC over all other laws
that Section 238 of the IBC clearly
overrides any provision of law which is inconsistent with the IBC.
Section 238 of IBC provides as under ... while playing down the effect of Section 142A of the
Customs Act and Section 238 of the IBC, has held that the
Customs
Section 31 of the IBC relates to approval of the resolution plan
and in terms of Section 31(1) of the IBC on approval ... covered by
Section 53(f) of the IBC because it is an operational creditor.
8. In terms of Section 238 of the IBC, the provisions
Bank
and Anr. 2018 1 SCC 407 by contending that Section 238 of IBC
cannot override Section 35AA and 35AB ... Section 238 of IBC cannot
override Section 35AB of the Act of 1949 and the Circulars
issued thereunder inasmuch as Section 238 seeks to override
