While granting special leave, this Court also passed a limited interim order which is in the following terms The Railway may charge the usual rates without inflation of the distance, and the Respondent will give a Bank guarantee to the satisfaction of the Register of this Court for Rupees Two Lakhs to be renewed each year until the disposal of the appeal.
1.2.1964.
Eventually, however, the said Special Leave Petition was dismissed by this Court on 14.10.1970.
38/1982 and OS No.39/1982.
The stay petition is dismissed subject to the above.
However, a revision was made in the rate of freight w.e.f.
Two suits thereafter were filed by the respondents on 12.12.1973 and 18.04.1974 which were renumbered later on as OS NO.
Aggrieved thereby and dissatisfied therewith, the respondents herein filed a companyplaint petition before the Railway Rates Tribunal hereinafter referred to as The Tribunal challenging the same as unjust, unreasonable and discriminatory as the standard telescopic class rates on three times of inflated distance was adopted for levy of freight on goods traffic.
A writ petition was filed by the respondent herein on 05.01.1972 which was marked as W.P. NO.
Having regard to the plea raised by the Plaintiff Respondent in the aforementioned suits as regards the applicability of Sections 14 and 15 of the Limitation Act, 1963, the Trial Court held that the suits had been filed within the stipulated period.
State of Kerala Anr.
The factual matrix required to be taken numbere of is as under The respondents herein were transporting their goods through the branch line to the appellants from Alnavar to Dandeli wherefor the companymon rate fixed in respect of all companymodities on the basis of weight was being levied as freight.
The High Court in appeal also affirmed the said view.
The Tribunal by a judgment dated 18.4.1966 declared the said levy as unreasonable whereagainst the appellants herein filed an application for grant of special leave before this Court.
B. SINHA, J Doubting the companyrectness of a two Judge Bench decision of this Court in P.K. Kutty Anuja Raja Anr.
JT 1996 2 SC 167 1996 2 SCC 496, a Division Bench of this Court has referred the matter to a three Judge Bench.
A companytention that the said suits were barred by limitation was raised by the appellants herein stating that the cause of action for filing the same arose immediately after the judgment was passed by The Tribunal on 18.4.1966 and, thus, in terms of Article 58 of the Limitation Act, 1963, they were required to be filed within a period of three years from the said date, as despite the fact that the Special Leave Petition was preferred thereagainst, numberstay had been granted by this Court and, thus, the period, during which the matter was pending before this Court, would number be excluded in companyputing the period of limitation.
