Pioneer Urban Land and Infrastructure Limited vs.

Union of India, MANU/SC/1071/2019, the

bench has said that RERA is not in derogation to any statute, but in the event of any conflict
between IBC and RERA, the former shall prevail. The bench has also made it clear that RERA
should be read in harmony with IBC.

it is pertinent to note that the remedies under the Code are concurrent 1  and does not bar remedies
of different natures before different forums in different parts of the country. The legislature
failed to appreciate the hardship in consolidating all or some of the allottees to meet the requisite
threshold from different jurisdictions. For example, Section 11 of the Consumer Protection Act,
1986 provides for the institution of complaint in a district forum at a place of business of
opposite party or where the cause of action wholly or in part arose. However, Section 60 of the
Insolvency and Bankruptcy Code, 2016 mandates the proceedings to be initiated only at the
place where the corporate person has its registered office. Thus, the proceedings against the
same real estate developer for the same project may be pending in different forums at different
stages and in different jurisdictions. In such cases, bona fide applicants will fail to consolidate all
allottees under one umbrella application or provide the number of pending disputes against the
same real estate developer.

In similar circumstances, this Court in SwarajInfrastructure (P) Ltd. v. Kotak Mahindra Bank
Ltd. [SwarajInfrastructure (P) Ltd. v. Kotak Mahindra Bank Ltd.,MANU/SC/0095/2019 : (2019)
3 SCC 620 : (2019) 2 SCC (Civ) 136]has held that the Debts Recovery Tribunal proceedings
under theRecovery of Debts Due to Banks and Financial Institutions Act, 1993and winding-up
proceedings under the Companies Act, 1956 cancarry on in parallel streams (see paras 21 and 22
therein).

1
Pioneer Urban Land and Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416, para 86(ii)