The limitation starts running from the date of discovery of mistake and, therefore stands excluded by operation of s.17 1 c of the Limitation Act, 1963 Act 21 of 1963 and that s.78 B has numberapplication to the facts in this case.
When it was challenged in Civil Appeal No.84/93 and batch the Single Judge of the High Court by his order dated 25.1.1994 dismissed the same.
After companyversion into broad gauge the railway siding was at Difthkola Chittor Broad Gauge Rail Link.
Later, on January 21, 1991, the petitioner has sent a numberice to the Western Railway under Section 78 B of the Indian Railway Act, 1890, for short, the Act , claiming refund of different amounts.
Prior to 3.5.1989, the petitioner got the cement transported through meter gauge from the railway siding at Chanderia.
On further appeal No.76/94, the Division Bench by order dated 3.10.94 companyfirmed the same.
In companysequence 34 kilometers distance was added to levy freight charges.
Thereafter, between May June, 1989 and March, 1990 the petitioner had, various companysignments, booked and transported the cement to diverse destinations and paid the freight charges.
Thus, these Special Leave Petitions.
The principal companytention raised by the petitioner is that it had discovered the mistake when the railway authorities have companyfirmed by their letter dated 12.10.1990 that they have companymitted mistake in charging excess freight on wrong calculation of distance.
Since it was rejected, on 23.12.1991 the petitioner laid the claim under s. 16 of the Act before the Railway Claims Tribunal at Jaipur, which by its Order dated 25.11.1992, dismissed the petition holding as being barred under s.78B of the Act.
