1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3749 OF 2009 Raphael @ Ralphy Exekiel Jhirad ...Petitioner vs. ORT India and others ...Respondents Mr.K.A.Shah a/w Mr.S.L.Shah for the petitioner Ms Ranjana Parikh for respondent no.1 CORAM :A.S.OKA,J. DATE : SEPTEMBER 10, 2009 P.C. 1 The submissions of the learned counsel for the parties were heard on the earlier date. This court by order dated 15 th June 2009 had issued a notice for final disposal. It is not in dispute that the order impugned has been passed by the Court of Small Causes on an application made by the respondents-plaintiffs invoking provisions of Order 15-A of the Code of Civil Procedure, 1908. The suit filed by the respondents is under section 41 of the Presidency Small Causes Court Act,1882. 2 In the case of The Colaba Central Co-operative Consumer Wholesale and Retail Stores Ltd. Vs. Smt.Kusumben Kantilal Shah and others [2003 (4) All M.R. 304], this court has held that the order of deposit passed under rule 1 of order 15-A of the Code of Civil Procedure,1908 is revisable under section 42 (4) of the Presidency Small Causes Court Act,1882 (as amended by the 2 State of Maharashtra). 3 In view of this position, a statutory remedy of filing a revision application is available to the petitioner. The statutory remedy cannot be allowed to bypassed by exercising jurisdiction under Article 227 of the Constitution of India. Only on this ground, the writ petition is not entertained and the same is rejected by keeping the statutory remedy of the petitioner open. All contentions of the petitioner are kept open. 4 If the petitioner chooses to avail of the statutory remedy, the concerned court is bound to take note of the fact that the present petition was filed in this court on 3 rd April 2009 and the same remained pending in this court till today. JUDGE