CONFLICT BETWEEN INSOLVENCY AND BANKRUPTCY CODE, 2016 AND THE COMPANIES ACT, 2013

The enactment of the Insolvency and Bankruptcy Code, 2016 marked a significant shift in
India’s approach to corporate insolvency by introducing a unified, time-bound, and resolutionoriented
framework. However, despite its comprehensive design, the continued operation of
provisions under the Companies Act, 2013 has led to overlapping jurisdictions, procedural
ambiguities, and interpretational challenges. This study critically examines the interface
between these two statutes, focusing on the structural coexistence that governs corporate
distress in India.
Adopting a doctrinal methodology, the research analyses statutory provisions, judicial
precedents, committee reports, and academic literature to identify key areas of conflict,
including winding-up proceedings, schemes of arrangement, jurisdictional overlaps before the
NCLT, and the scope of the overriding provision under the Code. It further evaluates how
courts have addressed these conflicts through principles such as harmonious construction and
statutory primacy, while also highlighting the limitations of reliance on judicial interpretation
as a long-term solution