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
Section 16G, Section 16J and Section 16M of the Tea
Act, an application under Section 7 or Section 9 of the IBC would ... restarting/revival is borne out
from Section 16B(2), Section 16E(1)(b), Section 16I(1) and Section
8620.18-Judgment 9/52
of the IBC, particularly sections 63 and 238 thereof, would show
that the Trial Court was not justified in rejecting ... resolution plan had
attained finality, by virtue of section 63 read with section 238 of
the IBC, the Civil Court in the present case
behalf of Devi Trading by citing the provisions of section 238 of IBC it
is submitted that in view of the wordings of section 238 ... proceeded with any further in view of the provision of section 238 of IBC.
The proceedings before the NCLT should continue. It is further submitted
special law prevail over general laws and in
terms of section 238 of IBC, IBC would prevail over all other statutory
provisions. Submissions made ... High Court cannot be proceeded with further in view of
Section 238 of the Code. The writ petitions that are pending
before the High Court
IBC, 2016. These Rules are an
integral part of Companies Act, 2013 , and IBC 2016. Therefore, the non-
obstante clause contained in Section 238 ... affected by the overriding effect of IBC by virtue of the non-obstance
clause under Section 238 , since the Rules are part and parcel
also contended that the provisions of IBC, 2016 are given
overriding effect under Section 238, over all other statutes. It
is his further contention that ... round of
litigation. Since the expression “Property” as defined in
Section 3 (27) of IBC, 2016 includes every description of
interest including present or future
liquidation
order, as the case may be.”
7. Section 238 gives an overriding effect to the IBC over all other
laws. The provisions ... mode
and manner of disposal of its assets. Section 238 reads as
follows :
“238. Provisions of this Code to override
other laws. –
The provisions
thereunder appointed with respect to
Umang; (vi) that vide Section 238 of the IBC, the provisions thereof have an
overriding effect and therefore no derivative
stipulated in Sections 231,
238, 63 and 60 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred
to as "the IBC") as well
