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MCA/2073/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2073 of 2010
In
FIRST
APPEAL No. 2638 of 2003
======================================
STATE
BANK OF INDIA & ANOTHER
Versus
P
K THAKKAR CONSTRUCTION CO PVT LTD
======================================
Appearance :
Mr
Pranav G Desai for the applicants
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 16/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the applicant on the application. Initially, we
issued notice to the respondent-company. We are told by the learned
counsel for the respondent-company earlier that notice has been
served at his place by affixation and therefore that is not correct
serving on the respondent-company and therefore he is not appearing.
We
examined the contents of the application and we think that the
directions which have been sought by the applicant in the application
are in the nature of execution. We do not think that such an
application can be moved before us. If at all, any execution is
required to be made of the directions of the Honourable Supreme Court
then, either execution proceedings have to be filed or contempt
proceedings should be filed.
Learned
counsel for the applicant submits that he has approached the Registry
of this Court before filing this application. The authority could
consider the request and take appropriate decision with regard to the
directions of the Honourable Supreme Court, but it is not for this
Court to execute the directions because, after disposal of the first
appeal, this Court becomes functus officio as no proceedings
are pending before this Court.
Since
no proceedings are pending before us, this application cannot be
entertained. The same is disposed of accordingly.
(Bhagwati
Prasad, J.)
(J.C.
Upadhyaya, J.)
*mohd
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