IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.374 OF 2008 IN WRIT PETITION NO.3053 OF 2006 Samir Kumar Saha )..Petitioner Versus The Competent Authority, UTI Assets) Management Co.Pvt.Ltd., & Ors. )..Respondents ---- Mr.Ajay Panicker for the petitioner. Mr.S.M.Shah for respondent no.4. Mr.J.P.Cama, Sr.Counsel with Ms.S.V.Kher & Ms.Neha Mehta i/by Haresh Mehta & Co. for respondent nos.1 & 3. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 8.12.2008. PC 1. By the present motion petitioner prays for relief of payment of gratuity and provident fund dues. On behalf of the respondents our attention has been invited to the earlier orders of this Court dated 16.8.2007 wherein interim relief as prayed for were rejected. 2. In the submission of the Counsel, proceedings filed against the petitioner has been disposed off. It is however, clear that respondents have filed a suit against the petitioner for damages which is : 2 : pending. That was the position on 16.8.2007 when earlier interim relief was rejected. As such, in our opinion, unless that suit was dismissed, relief as prayed for cannot be considered. 3. In the light of that, present motion stands dismissed and disposed off accordingly. (R.S.Mohite,J) (F.I.Rebello,J)