Thus, the Objects and Reasons of Commercial Courts Act, 2015 is to provide for speedy disposal of the commercial disputes which includes the arbitration proceedings. To achieve the said Objects, the legislature in its wisdom has specifically conferred the jurisdiction in respect of arbitration matters as per Section 10 of the Act, 2015. At this stage, it is required to be noted that the Act, 2015 is the Act later in time and therefore when the Act, 2015 has been enacted, more particularly Sections 3 & 10, there was already a provision contained in Section 2(1)(e) of the Act, 1996. As per settled position of law, it is to be presumed that while enacting the subsequent law, the legislature is conscious of the provisions of the Act prior in time and therefore the later Act shall prevail. It is also required to be noted that even as per Section 15 of the Act, 2015, all suits and applications including applications under the Act, 1996, relating to a commercial dispute of specified value shall have to be transferred to the Commercial Court. Even as per Section 21 of the Act, 2015, Act, 2015 shall have overriding effect. It provides that save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. {Para 10}
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 6876 of 2022, 6878 of 2022 and 6877 of 2022
Decided On: 19.10.2022
Jaycee Housing Pvt. Ltd. and Ors. Vs. Registrar (General), Orissa High Court, Cuttack and Ors.
Hon'ble Judges/Coram:
M.R. Shah and Krishna Murari, JJ.
Author: M.R. Shah, J.
Citation: MANU/SC/1363/2022.
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