Heard Ms. Chaitali Bhattacharya, Learned Advocate for the appellant, the State of West Bengal preferring the appeal being MAT 2062 of 2014 which is accompanied with CAN No. 11563 of 2014 under Section 5 of the Limitation Act, 1963 for condonation of delay along with another application being CAN No. 11564 of 2014 for staying operation of the order dated 14th December, 2012 passed by learned Trial Judge in W.P. No. 5142(W) of 2011 (State of West Bengal & Ors. v. Borjora Ashar Alo & Ors.) Ms. Bhattacharya, submitted that delay in preferring the appeal should be condoned otherwise the State would suffer irreparable loss and injury since the delay as taken place was beyond control. She further submitted that since before preferring the appeal the file would have to move to different tables and ultimately without the approval of the Legal Remembrancer, the appeal would not be preferred, the delay, as took place, should be condoned leniently.

2. On taking justice oriented approach instead of asking the State to explain the delay on day to day basis, Ms. Bhattacharya relied upon the following cases:-

1. State of Assam & Ors. v. Susrita Holdings Pvt. Ltd. AIR (2014) 3 Supreme Court