wp2765-2757.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2765 OF 2011 ALONGWITH WRIT PETITION NO.2757 OF 2011 Sudhir R. Ghedia .. Petitioner versus Versova Sandeep Sarovar Co-op.Hsg Society Ltd & Ors .. Respondents Mr.S.K.Shinde with Makarand Panchakshari for the petitioner. Mr.V.M.Joshi for respondent No.1. Mr.R.S.Ghadge i/by A.S.Desai for respondent Nos.2 and 3. CORAM : S.C.DHARMADHIKARI, J. 24th JUNE 2011. P.C.: . The concurrent orders that are impugned in these petitions are made at an interlocutory stage. There is no need to interfere at this stage. I have no doubt in my mind that the trial Court will allow the parties to make submissions on the basis of the material placed before it and decide the dispute in accordance with the oral and documentary evidence. Further, it would be open for the petitioner to urge before the trial Court that wp2765-2757.doc 2 in the absence of any clarification being given by the Society in the evidence or in the pleadings, an adverse inference may be drawn against it. All these aspects are open for being urged despite rejection of interlocutory applications and in any event if the final order is adverse to the petitioner, then, while challenging it, these aspects can still be agitated and decided. For all these reasons, the writ petition is dismissed but with the above clarifications. 2 As far as the request of the petitioner to furnish a copy of the by-laws of the Society is concerned, Mr.Joshi appearing on behalf of the respondents on instructions state that a copy thereof will be forwarded to the petitioner’s advocate in the trial Court within a period of one week from today. (S.C.DHARMADHIKARI, J)