:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1642 OF 2006 NOTICE OF MOTION NO. 1642 OF 2006 NOTICE OF MOTION NO. 1642 OF 2006 IN IN IN SUIT NO. 1362 OF 2006 SUIT NO. 1362 OF 2006 SUIT NO. 1362 OF 2006 Ashok Kumar Kaka ..Plaintiff versus M/s Dy Star India Pvt. Ltd. & Anr. ..Defendants Ms. Sushma Singh i/b. Vishal Thakkar for the Plaintiff. Mr. Naushad Engineer i/b. Negandhi Shah & Himayatullah for the Defendant No. 1. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 18TH NOVEMBER, 2008. DATE : 18TH NOVEMBER, 2008. DATE : 18TH NOVEMBER, 2008. P.C. P.C. P.C. . Heard. 2. By this Notice of Motion, the plaintiff has prayed for a mandatory injunction directing the defendant No. 1 to pay the amounts as per Particulars of Claim, Exhibit ’R’ to the plaint, which include Provident Fund, Gratuity and Superannuation Dues with accrued interest. Pending the suit the plaintiff has received Provident Fund and Superannuation Dues. It is not disputed by the :2: learned counsel for the plaintiff that the amounts claimed by way of this Notice of Motion are the same amounts which are claimed in the suit itself. 3. In the circumstances, there is no reason to grant the alleged dues by way of a Notice of Motion pending the suit. The Notice of Motion is hereby dismissed. 4. The learned counsel for the Defendant No. 1 states that if the plaintiff approaches the defendants they would consider settling the dispute on amicable terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)