V.V.S.Rao, J

The petitioner is a partner of the firm M/s.Seema Trading Company. The said firm availed credit facilities from the first respondent bank. The debt was secured by equitable mortgage created by the petitioner in respect of a flat situated in Diwandevdi, Hyderabad. The loan account became Non-Performing Asset (NPA). The first respondent, therefore, filed O.A.No.191 of 2002 before the Debts Recovery Tribunal (DRT), Hyderabad. While the same was pending, the Parliament enacted the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act, for brevity). The first respondent then issued notice dated 07.08.2002 under Section 13(2) of the Act demanding the borrower to discharge the debt within 60 days. Aggrieved by the same, the petitioner questioned the vires of the Act by filing W.P.No.21734 of 2003, which was dismissed on 21.04.2004 following the judgment of the Supreme Court in Union of India v Mardia Chemicals Limited (2004) 4 SCC 311. Immediately thereafter the petitioner instituted O.S.No.7134 of 2005 on the file of the Court of the Junior Civil Judge, City Civil Courts, Hyderabad, and obtained interim injun