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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ROHIT W. JOSHI
Ashwini Trading Co. – Appellant
Versus
Housing Bank Limited – Respondent
JUDGMENT :
ROHIT W. JOSHI, J.
1. The present petition takes exception to order dated 4th April, 2024 passed by the learned District Judge-2, Aurangabad, on an Application Exhibit-230 in Commercial Suit No.12/2019, thereby ordering transfer of the said suit to Debts Recovery Tribunal, Aurangabad (hereinafter referred to as “DRT Aurangabad”).
2. A Company, named HDFC Limited had filed a suit, being Special Civil Suit No.46/2007 for recovery of amount of Rs.3,14,85,223/- against the petitioner and respondent nos.2 to 12. The suit is pertaining to recovery of amount advanced in two separate loan accounts. The outstanding amount in two loan accounts as per respondent no.1/plaintiff was Rs.2,32,28,013/- and Rs.82,62,210/- as on the date of filing of suit. After commencement of Commercial Courts Act, 2015, the said suit was transferred to Commercial Court and was registered as Commercial Suit No.12/2019. Pending the said suit, HDFC Limited came to be amalgamated with HDFC Bank Limited, vide order dated 17th March, 2023 passed by the National Company Law Tribunal, Mumbai (NCLT, Mumbai) in Company Scheme Petition No.240/2022, granting approval to the scheme of amalgamation. HDFC Bank Limited i
DRT has exclusive jurisdiction to adjudicate on debts claimed by banks, including those arising from loans advanced by non-banking entities prior to amalgamation.
(1) Recovery of loan amount – There is no provision in RDB Act by which remedy of a civil suit by a defendant in a claim by bank is ousted, but it is matter of choice of that defendant.(2) There is n....
The court emphasized that remand orders should not be issued lightly and that jurisdictional issues must be decided by the appellate authority when sufficient evidence is available.
The jurisdiction of the civil court is excluded in matters related to the classification of loan accounts as NPA under the SARFAESI Act.
The jurisdiction of cooperative banks under debt recovery laws remains ambiguous, necessitating authoritative clarification on their status within the Recovery of Debts Due to Banks and Financial Ins....
The civil court retains jurisdiction to adjudicate on the validity of sale and mortgage deeds under the SARFAESI Act, and a plaint cannot be partially rejected under Order VII Rule 11.
Borrowers have the option to file a separate civil suit or make a counter-claim in DRT proceedings, and there is no statutory bar for the borrower to initiate a separate suit despite the bank initiat....
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