OCD-18 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/316/2025 SHUBHAM CONSTRUCTIONS AND ORS VS ADINATH INVESTMENTS AND CONSULTANTS PRIVATE LTD BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 31st March, 2026. Appearance Mr. Rohit Banerjee, Adv. Mr. Sagnik Mukherjee, Adv. …for the petitioners Mr. Mahendra Prasad Gupta, Adv. Ms. Moumita Dhar, Adv. …for the respondent The Court: Learned Counsel for the respondent raises a preliminary objection that the present application under Section 11(6) is not maintainable on the ground that the same is barred by limitation. Learned Counsel for the petitioner submits that the parties were engaged in efforts to arrive at an amicable settlement, which ultimately failed in January, 2026. He further submits that the petitioner now intends to pursue his remedies before the competent Civil Court. In view of the aforesaid, and without entering into the merits of the case, particularly in light of the preliminary objection raised by the learned Counsel for the respondent disputing the petitioner’s claims, this Court deems it appropriate to dispose of the present application by granting liberty to the petitioner to pursue his civil remedies in accordance with law. 2 In view of the same, learned Counsel for the petitioner seeks to withdraw the present petition. The present application is dismissed as withdrawn. (GAURANG KANTH, J.) S. Mandi