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
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
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
Minister stated thus:
"IBC has actually an overriding effect. For instance, you asked whether IBC will override SEBI. Section 238 provides that IBC will ... mandate laid down in Section 238, which is subsequent law enacted by parliament. The provisions of Section 238 of IBC would have effect
present case?"
2. Whether the provisions of Section 238 of IBC,2016 have an
overriding effect on Section 24(b) Telangana Infrastructure
Development Enabling ... provisions of Section 24 (b) ,
and Section 30 of the Act, 2001 and also provisions of Section 238 of IBC,
2016.
Section 24(b) reads
provisos thereto.
There was no inconsistency. Thus, the provision of Section 238 of the IBC
was wrongly pressed into service by the Regional Director ... such form and manner as may be prescribed."
37. Section 238 of IBC is quoted below:-
"238. Provisions of this code to override
