In Brief
This case concerns the validity of a notification by the State of Odisha establishing Civil Judge (Senior Division) courts as Commercial Courts to hear arbitration disputes. The appellants argued this conflicted with Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, which limits jurisdiction to the Principal Civil Court. The Supreme Court held that the Commercial Courts Act, 2015—being a later enactment with an express overriding effect—prevails. Section 10 of the Act specifically authorizes Commercial Courts to hear arbitration applications. The later Act's purpose of ensuring speedy disposal of commercial disputes would be frustrated by limiting arbitration matters to the Principal Civil Court. The notification was upheld as lawful and consonant with the 2015 Act.
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