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Mr. Chakraborty further submitted that while deciding the issue, the Hon'ble Apex Court took note of the decisions rendered in B.P. Khemka (supra), Shibu Chandra Dhar versus Pasupati Nath Auddya reported in (2002) 3 SCC 617 and Nasiruddin (supra) and arrived at the conclusion that filing an application under Section 7(1) and 7(2) within the statutory period and fulfilment of the other ingredients of Section 7(1) and 7(2) of the said Act, were mandatory. Relying on Nasiruddin (supra), it was submitted that when the Act required performance of a duty by a private person within a specified time, the same would ordinarily be mandatory, but when a public functionary was required to perform a public function within a time frame, the same would be held to be directory, unless the consequences thereof were specified.