1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3171 OF 2009 IN WRIT PETITION NO. 615 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Anil R. Mishra for the Applicant. Shri S.A. Waradwar i/by Ms T.P. Rangnekar for Respondents. -- CORAM : A.S.OKA, J. DATE : 13th January 2010. P.C.: . Heard learned counsel appearing for the Applicant. The Applicant is the Respondent in the present Writ Petition. Prayer in this Application is for rejection of the Writ Petition on the ground that remedy of filing Revision Application under Section 115 of the Code of Civil Procedure, 1908 is available. The view taken by this Court is that where a remedy under Section 115 of the said Code is available, normally this Court will not entertain a writ petition and the Petitioner will be relegated to the statutory remedy available. 2 2. In the present case, after hearing both the parties, this Court has issued Rule in this Writ Petition. As a normal rule, Writ Petition will not be entertained if a statutory remedy is available. However, availability of the statutory remedy does not take away the jurisdiction of this Court under Article 227 of the Constitution of India. As the Petition has been admitted for final hearing after hearing both the sides, at this stage, it is not possible to accept the prayer for rejection of the Writ Petition. The Civil Application is rejected by keeping all the contentions of the parties open. 3. It is pointed out that one of the parties is a senior citizen. Hence, hearing of the Writ Petition is expedited. (A.S.OKA,J)