impugned order is
contrary to Section 238 of IBC. It is submitted that IBC has overriding affect
over DMC Act and therefore, the provisions ... Minister stated thus:
"IBC has actually an overriding effect. For instance, you asked
whether IBC will override SEBI. Section 238 provides that IBC
will
stand stayed in terms of
Sections 14 and 96 of the IBC r/w Sections 63 ,181, 231 and 238 of the IBC ... moratoriums, i.e. (i) under Section
14 of IBC and (ii) Section 96 of IBC.
O.M.P.(I) (COMM.) 467/2016 Page
that the IBC, being the more recent statute,
clearly overrides the Customs Act . This is clearly made out by a
reading of Section ... exception created under the Customs Act is duly acknowledged
under Section 238 of the IBC as well.‖
12. Insofar as the extinguishment of claims
challenging the order dated
19th March, 2022 passed under Section 143(3) read with Section 147 of the
Income ... reassessment
proceedings are in violation of Section 31(1) read with Section 238 of the
IBC, as they pertain to the time period before
attention to Section 3(6) , Section 31(1) and Section 238 of the Insolvency
and Bankruptcy Code, 2016 ["IBC"], which read as follows ... creditors under sub-section (4) of section 30 meets the requirements as
referred to in sub-section (2) of section 30 , it shall by order
Section 3 of
the Consumer Protection Act, 1986 and the provisions of the IB Code.
Consequently, can the provisions of Section 238 ... with adjudicating the legal question of whether the provisions of Section 238
of the IBC prohibit the redressal of a claim under the Consumer Protection
held as follows:
"9. Section 238 gives an overriding effect to the IBC over all
other laws. The provisions of the IBC vest exclusive ... mode and
manner of disposal of its assets. Section 238 reads as follows:
"238. Provisions of this Code to override other laws.--The
provisions
2021 (on behalf of the Petitioner under Section 151 , CPC, 1908
read with Sections 96 and 238 of the Insolvency and Bankruptcy Code, 2016
praying ... present proceedings by relying
upon Sections 96 of the Insolvency and Bankruptcy Code, 2016 [hereinafter
"IBC"] stating that proceedings qua him had been
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