1 CAW873.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.873 OF 2011 IN WRIT PETITION NO.4412 OF 2009 KJ Dr.Aloysious Sebastin )..Applicant Vs. National Stock Exchange of India & Ors. )..Respondents ---- Mr.J.P.Cama Sr.Advocate @ Y.M.Pendse i/by S.P.Dhulapkar for the applicant. Mr.K.K.Singhvi Sr.Counsel @ E.P.Bharucha Sr.Counsel i/by S.P.Salkar for respondent no.1. Mr.S.V.Bharucha Sr.Counsel @ K.M.Naik i/by S.P.Salkar for respondent nos.2 to 3. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 27/4/2011. PC 1 The prayer for early hearing of the petition is not pressed for the time being. 2 Insofar as prayer clause-(c) is concerned, we have no 2 CAW873.11.sxw difficulty in acceding to the request of the applicant to allow him to withdraw the relief regarding claim of gratuity payable to the applicant as made in the Writ petition and instead to pursue the same before the appropriate forum, which can be decided on its own merits in accordance with law. 3 Leave to amend the prayer clause-(c) of Writ Petition to delete the word “gratuity” therefrom as prayed for is granted. 4 Needless to observe that the claim of the applicant for payment of gratuity to be pursued before appropriate forum, will have to consider on its own merits in accordance with law. All questions in that behalf are left open. Application disposed of. 5 Liberty to renew the prayer for early hearing at a later point of time. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)