INSOLVENCY AND BANKRUPTCY CODE : THE NEVER ENDING DISPUTE (BY SHUBHAM BUDHIRAJA) Sec. 238 of the Insolvency and Bankruptcy Code (IBC) states as follows: “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.” Section 238 of IBC outlines the Non-obstante features of the code. The Non-obstante clause of any act empowers the legislation or a provision in which it contains, to override the effects of any other legal provisions contrary to this under the same law or any other laws. Further, the judiciary has always been the evident of interpreting the Non-obstante clause of an act and no single test has been evolved yet. However, Section 238 of the Code is designed in such a way as to attain the ultimate objective of not to hamper recovery of dues or enhance the value of assets of Corporate Debtor. Only in the case w...