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Showing contexts for: drafting error in Jakir Hossain vs The State Of West Bengal & Ors on 21 July, 2014Matching Fragments
Mr. Bhattacharya and Mr. Khan appearing for the Rahul Samanta and Binod Kumar Jaiswal respectively opposed the submissions of Mr. Das. According to them, the description of the route in the final agreement as 'Gomo to Kolkata' was nothing but a typographical error. The draft agreement referred to route from 'Gama to Kolkata' and the distance as delineated in the draft agreement and the alignment of route concurs with the route 'Gama to Kolkata' and not with the route 'Gomo to Kolkata'. They further submitted that the place 'Gawan' is also referred to as 'Gama' as averred in the affidavit in opposition filed by the State of Jharkhand. It was further submitted by the learned counsels that incorporation of route 'Gomo‐Kolkata' in the final agreement was an error is unequivocally established from the communication of Sri Vijay Kumar Singh, Secretary‐cum‐Transport Commissioner, Jharkhand. The opinion of the said signatory to the agreement on behalf of the State of Jharkhand is most vital in determining the true meaning of the expressions contained in the agreement or clarifying any confusion surrounding it. They submitted that S.T.A., West Bengal have rightly countersigned their Inter‐State permits and refused to countersign that of Jakir Hossain. Hence, no interference is called for.