VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 535 OF 2004 General Education Academy Petitioner Vs. Smt. Vimal V. Kamat & Ors. Respondents Mr. P. M. Havnur, for the Petitioner. Ms. Arti Gujare i/b M/s. Parutekar & Associates, for the Respondent No.1. CORAM : F.I. REBELLO, & A. A. KUMBHAKONI, J. DATE : OCTOBER 14, 2008. PC :- 1. Gratuity had already been paid to the petitioner. In these circumstances, it is not possible to consider the relief that is presently sought. We find that this Court in appeal has passed an order directing the respondents to file an undertaking. On failure to file such an undertaking by the respondent, it is open for the petitioner to approach this Court for the appropriate relief by way of fresh petition. The relief sought for in the present petition cannot be granted. - 2 - 2. In view of above observations, petition is dismissed. [ A. A. KUMBHAKONI, J.] [ F.I. REBELLO, J.]