Commercial Courts Act, 2015, having been enacted in the year 2015 and the specific amendments introduced in the CPC and made applicable to commercial suits, must trump the general provisions applicable to suits – Khanna Rayon Industries Pvt. Ltd. Vs. Swastik Associates & Ors. – Bombay High Court

Hon’ble High Court held that: (i) In the context of Commercial Suits, the general provision of Order VI Rule 17 of CPC for amendment of pleadings has to be read harmoniously with the provisions of the CPC specifically amended by Commercial Courts Act, 2015 including Order XI of the CPC. (ii) It is a settled position of law that special statutes enacted later in point of time trump prior general statutes. In the present case, the Commercial Courts Act, having been enacted in the year 2015 and the specific amendments introduced in the CPC and made applicable to commercial suits, must trump the general provisions applicable to suits.

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