VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 63 OF 2006 IN WRIT PETITION No. 2078 OF 2003 General Education Academy Petitioner Vs. Smt. Chitra Rao & 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 :- . By the present motion, the petitioners have prayed that the respondents be directed to remit the amounts so disbursed, as it exclusively belongs to petitioner and it was deposited by the petitioner as and by way of a condition precedent for filing the appeal. On 6th October, 2003 this Court refused to grant interim relief. 2. Present motion is filed based on a subsequent judgments of the Supreme Court, which in the case of - 2 - appeals coming from the State of Gujrat, run by Ahmedabad Municipal Corporation, has taken the view that the teachers would not be entitled to gratuity. 3. In the instant case gratuity has already been paid to the teacher. Interim relief, as prayed for, has been rejected. It would, therefore, be not possible even considering judgment of the Supreme Court to grant the relief, as prayed for. The relief now prayed can be considered while disposing of the petition. 4. With the aforesaid reasons, there is no merit in the Motion, which is accordingly dismissed. Sd/- Sd/- [ A. A. KUMBHAKONI, J.] [ F.I. REBELLO, J.]