that in addition to the total amount paid by the borrowers to the tune of Rs. 7,78,25,143/-, the Bank has also realized an amount of Rs. 1,07,54,000/- by auctioning the mortgaged properties. 7. It is further submitted that during the pendency of OA 6before the DRT, in view of OTS an amount of Rs. 3,80,00,000/- was also paid to the respondent No.2 Bank and as such, the respondent No.2 Bank has closed the loan account. The learned Senior Counsel, therefore, submits that the continuance of the proceedings against the appellants would be an exercise in futility. 8. Shri Naidu in support of his submissions relied on the following judgments of this Court in the cases of: (i) Central Bureau of Investigation, SPE, SIU (X), New Delhi v. Duncans Agro Industries Ltd., Calcutta1; (ii) Nikhil Merchant v. Central Bureau of Investigation and another2; (iii) Gian Singh v. State of Punjab and another3; (iv) Central Bureau of Investigation, ACB, Mumbai v. Narendra Lal Jain and others4; (v) Narinder