mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1224 OF 2009 Nagesh S. Bhobe Petitioner versus The Trustees of Port of Bombay and others Respondents Mr.A.M.Vernekar i/by J.M.Chodankar for petitioner. Mr.Makhija, Sr.Adv. i/by M/s.Motiwala & Co. for respondents. CORAM : A.S.OKA, J. DATE : 21st July 2009 PC :- 1. The learned counsel for the petitioner does not dispute that the remedy of appeal is available against the order dated 7th January 2008. He, however, states that the said order is illegal inasmuch as the earlier order shows that the Chamber Summons was dismissed and by passing an order on a praecipe which was submitted for seeking orders as to speaking to the minutes, the Chamber Summons was allowed. 2. If statutory remedy is admittedly available, the contention which is raised in the writ petition can be certainly gone into in an appeal. 3. Hence, the writ petition is not entertained by keeping the statutory remedy of the petitioner open and all contentions of the petitioner on merits are expressly kept open. (A.S.OKA, J.)