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
that case , the Supreme Court,
while dealing with Section 238 of the IBC, held that IBC will over-ride anything
inconsistent contained in any other ... that
Section 201 (1-A)(3) of the Income Tax Act does not refer to either Section 14 or
Section 238 of the IBC. Referring
Eleventh Schedule to IBC
2016 vide Section 34 has substituted Section 434 of the
Companies Act, 2013 and the provision of Section ... IBC 2016 itself and therefore, the question of IBC 2016
overriding its own provisions does not arise and therefore Section
238 of IBC
Eleventh Schedule to IBC
2016 vide Section 34 has substituted Section 434 of the
Companies Act, 2013 and the provision of Section ... IBC 2016 itself and therefore, the question of IBC 2016
overriding its own provisions does not arise and therefore Section
238 of IBC
M/S Lakshmi Energy And Foods Ltd. vs Reserve Bank Of India And Ors. on
India be directed to notify under Section 14(3) that the
provisions for moratorium contained under Section 14(1)(a) shall not apply
to consumers ... forum under Section 14(1)(a) would, it was
asserted, leave the home buyers without a remedy. Section 238 of the IBC gives
against the company" as contemplated under Section 446(2) or
"against the Company" under Section 442 , it is a distinction without ... have primacy over the Act of 1956 and Sections 14 , 63 ,
64 and 238 of the IBC 2016 do not apply to "saved petitions
crore rupees, or with both.
12 As per Section 231 of the IBC 2016, no civil court
shall have jurisdiction in respect of any matter ... 2018 23:06:11 :::HCHP
15
13. As per Section 238 , the provisions of the IBC, 2016
shall have effect, notwithstanding anything inconsistent
therewith contained
Shivam Water Treaters Pvt Ltd vs Union Of India on 20 April, 2018
Bench: R
