1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4569/2011 (DILIP CHARANDAS PANTAWANE VERSUS M/S SPENTEX INDUSTRIES LTD. & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Marpakwar, counsel for the petitioner. Shri A.V. Desai, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : SEPTEMBER 23 , 2011 . Heard. By this petition, the petitioner impugns the order passed by the Labour Court and the Industrial Court rejecting an application filed by the petitioner seeking stay to the communication issued by the respondents along with the enquiry report. It was the case of the petitioner that the enquiry was not fair and proper and the petitioner was not responsible for the burning of the machine. Both the Courts rightly held that for deciding the dispute in the matter, it was necessary for the parties to tender evidence and since in the facts and circumstances of the case, the grant of an interim relief would amount to grant of final relief and since the petitioner had not made out a prima-facie case, the interim relief could not have been granted in his favour. Both the Courts relied on the decision reported in AIR 1995 SC 1368 (Bank of Maharashtra Versus Race Shipping and Transport Co. Pvt. Ltd.) as it is observed by 2 the Hon’ble Supreme Court in that decision that the Supreme Court has time and again deprecated the practice of granting interim order, which is practically grants the principal relief sought in the petition. The orders passed by both the Courts appear to be just and proper and call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE APTE