-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3389 OF 2009 Shri Vithal Education and Research Institute : Petitioner (Orig.Plaintiff) V.s. Shri Santoshkumar Waman Chobe : Respondent (Orig.Defendant) ... Mr.S.S.Patwardhan for the petitioner. ... CORAM : S.A. BOBDE, J. DATE : APRIL 6, 2009. P.C. 1. The petitioner has challenged the concurrent findings of the two Courts below that they are not entitled for an injunction in the suit under section 41 of the Specific Relief Act. The Courts below have come to the conclusion that the plaintiff has not produced any evidence to show that it will suffer irreparable loss if the defendant is not called upon to come back to the employment of the plaintiff. The plaintiff’s prayer was to the effect that by an interim order, the defendant should be directed to leave the present job from Dr.D.Y.Patil Institute of Engineering and Technology College and come to the plaintiff’s College for serving. The Courts below have -: 2 :- rightly taken the view that there is no evidence of irreparable loss and that more over, the plaintiff would be entitled to claim damages in case they succeed. Thus, the impugned order does not call or any interference. 2. Accordingly, there is no merit in the petition which is hereby dismissed. S.A. BOBDE, J.