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Section 21: Act to have overriding effect

Commercial Courts Act, 2015 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Commercial Court / High Court
Act 4 of 2016
Section 20 All 23 Sections The Schedule (CPC Amendments) Section 21A
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Commercial Court Sec 2

Legal Commentary & Landmark Judgments: Section 21

Section 21 of the Commercial Courts Act, 2015 enacts an overriding supremacy clause, establishing that the Act prevails over any conflicting statutory or procedural laws.

  • Core Legal Standard: The section provides that the provisions of the Commercial Courts Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law.
  • Appellate Remedies & Forum: This non-obstante mandate cements the primacy of commercial court procedures, time limits, and appellate bars over general enactments, including the Code of Civil Procedure and State Court Acts.

The only exception recognized within the section is 'save as otherwise provided in this Act', ensuring that internal harmonizing clauses (such as the preservation of arbitration appeals under Section 13) are strictly respected.

Key Landmark Precedents:
  • Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd., (2022) 10 SCC 1: The Supreme Court affirmed that Section 21 establishes the absolute primacy of the Commercial Courts Act over general civil procedural laws, reinforcing the non-derogable nature of mandates like Section 12A.
  • Kandla Export Corpn. v. OCI Corpn., (2018) 14 SCC 715: The Supreme Court held that Section 21 ensures that procedural innovations introduced by the Act override conflicting provisions of the general civil law.
Legal Commentary:

Section 21 resolves potential conflicts between state-specific civil court acts, high court original side rules, and the Commercial Courts Act. Wherever an inconsistency arises—such as discovery deadlines or the bar against revision—the Commercial Courts Act definitively governs.

Section 20 All 23 Sections The Schedule (CPC Amendments) Section 21A