Insolvency and Bankruptcy Code, 2016. · Chapter V: Miscellaneous
Section 238: Provisions of this Code to override other laws
The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 238
-
National Spot Exchange Limited v. Union of India & Ors.
Whether the Secured creditors would have priority of interest over the assets attached under the Provisions of Prevention of Money Laundering Act, 2002, (PMLA) and Maharashtra Protection of Investors and Depositors Act,…
-
Electrosteel Steel Limited (Now M/S Esl Steel Limited) v. Ispat Carrier Private Limited
Whether upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the resolution plan stood extinguished; whether the arbitral award dated 06.07.2018 was capable of being…
-
Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd.
Issue arose whether the proceedings initiated against the appellants u/s.138 rw s.141 of the Negotiable Instruments Act should be stayed in view of the interim moratorium u/s.96 of the Insolvency and Bankruptcy Code,…
-
Finance Corporation Limited) v. 63 Moons Technologies Limited & Others
Whether Resolution Plan-RP approved by Committee of Creditors-CoC and NCLT was in contravention of provisions of any law requiring NCLAT to exercise its jurisdiction u/s.61 of the Insolvency and Bankruptcy Code, 2016;…
-
M/s JSW Steel Limited v. Pratishtha Thakur Haritwal & Ors.
Whether the case of the present Petitioner is specifically covered by the judgment of this Court in the case of Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited and Others…
-
Private Limited v. Committee of Creditors of Educomp Solutions
The appellant-NOIDA Special Economic Zone Authority filed a claim of INR 06.29 Crores which was admitted by the Respondent No.01-Resolution Professional. The NCLT vide order dated 05.10.2020, granted only INR 50 Lakhs…
-
Vishal Chelani & Ors. v. Debashis Nanda
The decision of the National Company Law Appellate Tribunal that the home buyer as beneficiary of a decree by the Uttar Pradesh Real Estate Regulatory Authority, the order of the Resolution Professional proposing that…
-
CONSTITUTED BY THE GoI) v. SUPT. OF CENTRAL EXCISE A ND
Whether the Customs Act, 1962 creates a first charge overriding the charge in favour of the secured creditor.
- Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman
- Sanket Kumar Agarwal & Anr v. Apg Logistics Pvt.
- Ajay Kumar Radheyshyam Goenka v. Tourism
- Sundaresh Bhatt, Liquidator of Abg Shipyard v. Central Board of Indirect Taxes and Customs
- Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited & Ors.
- Asset Reconstruction Company (India) Limited v. Tulip Star Hotels Limited & Ors.
- Indian Overseas Bank v. M/S Rcm Infrastructure Ltd. and Another
- Tata Consultancy Services Limited v. Vishal Ghisulal Jain, Resolution Professional, Sk Wheels Private Limited
- Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr.
- Dena Bank (Now Bank of Baroda) v. C. Shivakumar Reddy and Anr.
- Forum for People’S Collective Efforts (Fpce) & Anr. v. The State of West Bengal & Anr.
- Ghanashyam Mishra and Sons Private Limited Through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited Through the Director & Ors.
- Arun Kumar Jagatramka v. Jindal Steel and Power Ltd. & Anr.
- Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors.
- A. Navinchandra Steels Private Limited v. Srei Equipment Finance Limited & Ors.
- Mr. Anand Rao Korada Resolution Professional v. M/S. Varsha Fabrics (P) Ltd. & Ors.
- Duncans Industries Ltd. v. A. J. Agrochem
- Chitra Sharma and Ors. v. Union of India and Ors.