about Rs.9.7 crores have been recovered thus far by the respondent bank while they had stated that Rs.9.37 crores is the outstanding die in the loan account which is factually incorrect, since the said recovery has been made much before the affidavit has been filed before the Ld.CJM. Ld.Counsel for applicants also submitted that the contemplated sale of property by respondent bank to the auction purchaser was done by granting a loan for 75% payment, by the respondent bank itself, which has now turned into NPA and that respondent bank is constrained to initiate SARFAESI action against that property. Ld.Counsel for applicants submits that applicants are ready and willing to remit the said amount to the respondent bank and redeem the property under due negotiation. Ld.Counsel also submits that applicants are ready and willing to remit any further amounts if respondent bank would furnish them statement of account of applicants after taking into consideration the amounts recovered thus far. Submitting so, Ld.Counsel for applicants has stated that since the accounts of the respondent bank while furnishing the affidavit are blatantly violative of their own averments, the impugned action before the Ld.CJM seeking assistance to take delivery of physical possession of the property is not in accordance to law.
