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
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
sold in auction, action under Section
32A cannot be sought. It is also argued that Section 238 of the IBC cannot
override the provisions ... treated. Thus, reliance could not be placed on Section 238 of the IBC
is submitted by the Appellants.
15. The Corporate Debtor through the Liquidator
Corporate Debtor, it will be relevant here to refer
to Section 238 of IBC, 2016 which reads as under:
"Section 238: Provisions of this ... Section 56 of the Electricity
Act is therefore, unsustainable."
(Emphasis Supplied)
8. (v) In view of the provisions of Section 238 of IBC
following reliefs:
(i) Declare that the provisions of the IBC, particularly Section 14 and
Section 238, override the PMLA to the extent of any inconsistency ... violates the moratorium imposed
under Section 14 of the IBC;
II. Whether the IBC, by virtue of Section 238, overrides the PMLA in case
made only in accordance
with GST law, and Section 238 of IBC, 2016 cannot be read as conferring any
appellate or adjudicatory jurisdiction in respect ... also
cannot be made under the pretext of Section 238 of IBC. Section 238 of
Insolvency and Bankruptcy Code cannot be read as conferring
Section 96 had come
into operation qua the Appellant, in such a scenario, Section 178 of IBC would
prevail. Section 178 of the IBC gives ... well settled that Section 238 of IBC bestows on IBC the priority over
other laws. Section 238 of IBC provides that the provisions
Section 96 had come
into operation qua the Appellant, in such a scenario, Section 178 of IBC would
prevail. Section 178 of the IBC gives ... well settled that Section 238 of IBC bestows on IBC the priority over
other laws. Section 238 of IBC provides that the provisions
provisions of
Section 11B of Central Excise Act are inconsistent
with Section 33 of IBC 2016 and by virtue of Section
238 of IBC ... inconsistency in Section 11B of the
Central Excise Act, 1944 with Section 33(5) of the IBC. Section 238 of the IBC
provides that
