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”).
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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 17 th 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 under the Banking Regulation
Act, 1949. In view of amalgamation of HDFC Limited with
HDFC Bank Limited, all the assets and liabilities of HDFC
Limited stood vested with HDFC Bank Limited. Under the
scheme, HDFC Bank Limited is also entitled to continue to
prosecute all litigations initiated by HDFC Limited prior to its
amalgamation with HDFC Bank Limited. Accordingly, name of
7008.2024WP.odt
HDFC Bank Limited is impleaded as plaintiff in the suit and
the suit is being prosecuted by HDFC Bank Limited.