AIR 2019 SUPREME COURT 4055 ::AIROnline 2019 SC 838 ::2019 (8) SCC 416 ::(2019) 10 Scale 523 ::AIR 2019 SC (Civil) 2820

Supreme Court Of India

: AIROnline 2019 SC 838

Hon'ble Judge(s): R. F. Nariman, Sanjiv Khanna, Surya Kant , JJJ

(A) Real Estate (Regulation and Development) Act (16 of 2016) , S.88— Insolvency and Bankruptcy Code (31 of 2016) , S.5(8)(f) Expln., S.7— Applicability of laws - RERA and Code must be held to co-exist - In event of a clash, RERA must give way to Code - RERA, is not the special statute to override general statute, viz. Code in case of conflict. Interpretation of Statute - Harmonious construction. It is significant to note that there is no provision similar to that of Section 88 of RERA in the Code, which is meant to be a complete and exhaustive statement of the law insofar as its subject matter is concerned. Also, the non-obstante clause of RERA came into force on 1st May, 2016, as opposed to the non-obstante clause of the Code which came into force on 1st December, 2016. Further, the amendment in S. 5(8)(f) has come into force only on 6th June, 2018. From the introduction of the explanation to Section 5(8)(f) of the Code, it is clear that Parliament was aware of RERA, and applied some of its definition provisions so that they could apply when the Code is to be interpreted. The fact that RERA is in addition to and not in derogation of the provisions of any other law for the time being in force, also makes it clear that the remedies under RERA to allottees were intended to be additional and not exclusive remedies. Also, it is important to remem....