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Section 23: Repeal and savings

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

Statutory Regulation
Legal Standard
Commercial Court / High Court
Act 4 of 2016
Section 22 All 23 Sections The Schedule (CPC Amendments)
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Commercial Court Sec 2

Legal Commentary & Landmark Judgments: Section 23

Section 23 of the Commercial Courts Act, 2015 formally repealed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, while validating and saving all actions taken under the Ordinance.

  • Repeal of 2015 Ordinance: Formally repeals the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 (Ord. 8 of 2015).
  • Comprehensive Savings Clause: Anything done or any action taken under the Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
  • Continuity of Pending Suits: Ensured that commercial divisions constituted and suits transferred during the Ordinance period remained lawfully seised.
  • Legal Certainty: Prevented jurisdictional challenges to early commercial court decrees pronounced between October and December 2015.
Key Landmark Precedents:
  • Kandla Export Corpn. v. OCI Corpn., (2018) 14 SCC 715: The Supreme Court noted that Section 23 ensured seamless transition from the emergency ordinance regime to the permanent statutory Act without disrupting pending litigation.
  • Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd., (2022) 10 SCC 1: Reaffirmed the historical continuity of the Act's fast-track commercial mandate.
Courtroom Practice & Strategic Litigation Guidance:

Section 23 confirms that all institutional steps and jurisdictional thresholds trace unbroken continuity back to 23rd October 2015; rely on it to defeat any retrospective validity challenges to early commercial court notifications.

Section 22 All 23 Sections The Schedule (CPC Amendments)