20th January, 2025 (AK) 07 F.A.T 237 of 2020 IA No: CAN 5 of 2024 Bata India Limited Vs. Ranjit Singh and others Mr. Ayan Banerjee Ms. Sudeshna Bagchi Mr. Subhojit Roy Ms. Swastika Sengupta ...for the appellant. Mr. Partha Sarathi Das ...for the respondent no.1. In Re: CAN 5 of 2024 1. CAN 5 of 2024 has been filed by the plaintiffs/respondents for withdrawal of the decretal amount which has been deposited by the defendant/appellant with the Registrar General of this court as condition for grant of stay at the initial stage of the appeal. 2. Learned counsel for the parties submit that the matter has been settled between the parties and the appellant has already handed over peaceful and vacant possession of the suit premises to the respondents, which is agreed upon by learned counsel for the respondents. 2 3. Learned counsel for the appellant submits further that the security deposit of Rs. 3 lakh, which was initially paid by the appellant to the respondents, be adjusted from the amount sought to be withdrawn by the respondents. 4. Learned counsel for the respondents, on instruction, agrees to such proposal. 5. Accordingly, we dispose of CAN 5 of 2024 by granting liberty to the respondents to withdraw the decretal amount which was deposited by the appellant at the inception with the learned Registrar General in connection with the present appeal, along with interest, upon deduction of the amount of Rs.3 lakh, which will be returned to the appellant by the learned Registrar General upon the appellant so approaching. 6. Accordingly, the learned Registrar General shall, as and when approached by the respondents, directly or through their authorized representative, disburse the decretal amount deposited by the appellant along with interest accrued thereon till date, by deducting Rs.3 lakh, to the respondents. 7. The retained amount of Rs.3 lakh shall be returned by the learned Registrar General to the appellant or 3 the appellant’s authorized representative, as and when so approached. 8. The entire refund as directed above shall be subject to deduction of the statutory dues by the learned Registrar General of this court. 9. All concerned shall act on a server copy of this order without insisting upon prior production of a certified copy. 10. There will be no order as to costs. In Re: F.A.T. 237 of 2020 11. In view of the above order and since the appeal has already spent its force by resolution between the parties amicably, F.A.T 237 of 2020 is disposed of in terms of the settlement arrived at between the parties, as indicated above. 12. There will be no order as to costs. 13. Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)