S. Siri Jagan, J. — The petitioner is a defaulter in repayment of loan amounts due to the 2nd respondent bank. The bank initiated proceedings before the Debts Recovery Tribunal by filing O.A. No. 262/2003, which is still pending. While the O.A. was thus pending, the bank initiated the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the Act” for short) for bringing the security interest to sale. Admittedly pursuant to the same, possession has been taken by the bank. Now this Writ Petition is filed challenging the proceedings under the Act on the basis of S. 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 on the ground that after the amendment of R. 19 by introducing three provisos to sub-s(1) making it obligatory on the bank to obtain leave of the DRT to withdraw the O.A. before proceedings under the Act, the bank could not have initiated proceedings under the Act without obtaining such permission under Section 19. The learned counsel for the petitioner relies on several decisions in support of the contention of the petitioner, which are specifically referred to in the