1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6119 OF 2008 Babulal Prabhulal Daiya .. Petitioner versus Smt.Shashikala Chandrakant Sawant .. Respondent Mr.A.S.Khandeparkar with Mr.M.P.Tekavde and Mr.Sachin V. Dere for the petitioner. Mr.H.K.Vazirani for the respondent. CORAM : A.S.OKA, J. DATE : 11th January 2010. P.C: . Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. The challenge in this writ petition under Article 227 of the Constitution of India is to an order dated 24th June 2008 passed by the learned Judge of the Court of Small Causes in Mumbai directing the petitioner/defendant to deposit licence fee. It is not in dispute that the impugned order has been passed by the trial Court in a suit filed under section 41 of the Presidency Small Causes Courts Act, 1882 and that the impugned order has been passed in exercise of powers under Order 15A of the said Act of 1882. 2. This Court in the case of Colaba Central Co-operative Consumer Wholesale and Retail Stores Ltd Vs. Smt.Kusumben Kantilal Shah [2003 (4) ALL MR 304] has held that against such an order a revision application is 2 maintainable under section 42(4) of the said Act of 1882. In view of availability of the statutory remedy, this writ petition is not entertained and the same is disposed of by keeping the statutory remedy of the petitioner open. If revision application is filed by the petitioner, the Appellate bench of the Court of Small Causes is bound to consider the fact that this Court issued notice on this writ petition on 2nd September 2008 and that the same remained pending in this Court till today. All contentions of the parties on merits are kept open. 3. In view of order in writ petition, Civil Application No.2050 of 2009 does not survive and the same is disposed of. (A.S.OKA,J)