Extracted from the PDF above. The PDF is authoritative.
ACD 03.
In the High Court at Calcutta 20.08.2026
Civil Appellate Jurisdiction S.D.
Commercial Division
Ct. No. 37
Appellate Side
Bench ID
266446
AO-COM 50 of 2025
State of West Bengal Vs. M/s. Akash Construction With CAN 3 of 2026
Mr. Samrat Sen, Ld. Sr. Adv.,
Mr. Arindam Mandal
…For the appellant
Mr. Arijit Bhowmick
Ms. Debasree Mukherjee
…For the Respondent
Mr. Dibasish Basu, Ld. AGP.,
Ms. Sneha Dutta, Jr. Govt. Adv.,
Mr. Purnendu Das
…For the State
Affidavit of service filed in Court be taken on record. CAN 3 of 2026 is an application at the behest of the appellant.
Learned advocate appearing for the appellant submits that the appellant seeks to withdraw the appeal being AO-COM 50 of 2025 in view of the settlement of the underlying dispute under the Vivad se Vishwas III (Contractual Disputes) Scheme
2 of the Ministry of Road Transport & Highway, Government of India. He submits that on such settlement, the sum of Rs.11 crores deposited by the appellant pursuant to the order dated December 11, 2025 along with all accrued interest thereon to be directed to released and refunded to the appellant.
Respondent is represented.
Learned advocate appearing for the respondent submits that a settlement was entered into. He submits that his client does not object to the appeal being withdrawn and the sum of Rs.11 crores along with all accrued interest therein being refunded to the appellant.
In such circumstances, AO-COM 50 of 2025 is dismissed as withdrawn.
Learned Registrar General, High Court, Calcutta will refund the sum of Rs. 11 crores along will all accrued interest therein to the appellant preferably within a period of a fortnight from date. If required, learned Registrar General will encash the fixed deposit prematurely. Learned Registrar General is, however, at liberty to retain such amount from the sum of Rs.11 crores along with the accrued interest thereon as he is entitled to retain in law.
3
CAN 3 of 2026 is disposed of accordingly.
(Debangsu Basak, J.)
(Aryak Dutt, J.) SUROJIT DAS Digitally signed by SUROJIT DAS Date: 2026.08.21 14:28:47 +05'30'