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ROHIT W. JOSHI
Ashwini Trading Co. – Appellant
Versus
Housing Bank Limited – Respondent
JUDGMENT
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 is a Banking Company
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