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
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
view would get support
from sub-section (2) of Section 8 itself. Sub- section 2 of
Section 8 , IBC ... period of
limitation for filing an application under Section 9 , IBC
is governed by Section 238 A, IBC and therefore, it
could not be construed
behalf of the
petitioner taken note of the contention that
Section 238 of the IBC would confer primacy
upon the said statute and thus ... intent and scope of the two legislations.
Even though the IBC and Section 238 thereof
constitute the later enactment when viewed
against the PMLA which
secured creditors in liquidation proceedings. Learned counsel urged that
Section 238 of IBC could not override Sections 173 and 174 of the 2003 Act, since ... Despite Sections 173 and 174 of the 2003 Act, by
virtue of Section 238 of IBC, the provisions of the latter would prevail and have
SHRIMATI NIRMALA SITHARAMAN (CONTD.): IBC has actually an overriding effect.
For instance, you asked whether IBC will override SEBI. Section 238 provides that
IBC will ... taken under the later Central enactment.
Also, Section 238 of the Code reads as under:
" Sec. 238 . Provisions of this Code to override other
Sundaresh Bhatt, Liquidator
of ABG Shipyard (supra) has referred to Section 238 of the IBC
to observe that Section ... 238 of the IBC clearly overrides any
provision of law which is inconsistent with the IBC. This judgment
has also made reference to Section 142A
Section 232 IBC. Notably, the IRP or RP is not included in
Section 232 IBC. However, in the very next section i.e. Section ... find any mention in Section 232 IBC, however, in the Section
immediately following Section 232, i.e., Section 233 IBC, "Insolvency
Professional
case of the petitioner
that since in light of Section 238 of the IBC, the IBC
had an overriding effect. Keeping both these
provisions ... insolvency proceedings under Section 95
of the IBC against the petitioner on 08.09.2021. As
per Section 96(1)(a) of the IBC, an interim
moratorium
power to attach properties under
Section 5 of the PMLA, since (i) Section 238 of the IBC
provides that the provisions of IBC will override ... stage, it is apposite to refer to Section 32A, 33(5)
and Section 238 of the IBC.
"Section 32A. Liability for prior offences
