BIRLA CEMENT WORKS versus G.M. WESTERN RAILWAY AND ANR.

BIRLA CEMENT WORKS versus G.M. WESTERN RAILWAY AND ANR.

Claims for refund of overcharge/excess payment made under Section 78-B of Indian Railways Act, 1890, but beyond six months, are barred by limitation; Limitation Act does not apply as Tribunal is not a civil court.

Parties
Petitioner: Birla Cement Works; Respondents: G.M. Western Railway and Anr.
Jurisdiction
India
Judgment Date
02 January 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court (disposal of SLP After Dismissal by Tribunal, Single Judge, Division Bench)
Outcome
Petitions dismissed
Legal Topics
Limitation, Refund of Overcharges, Railway Claims Tribunal
Civil Law Limitation Refund of Overcharges Railway Claims Tribunal

Case Brief

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Parties

Birla Cement Works

Petitioner

G.M. Western Railway and Anr.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court (disposal of SLP After Dismissal by Tribunal, Single Judge, Division Bench)

Legal Issues

  1. 1 Whether refund claim for overcharge/excess payment is barred by limitation under Section 78-B of Indian Railways Act, 1890 and whether Section 17(1)(c) of Limitation Act, 1963 applies

Ratio Decidendi

Claims for refund of overcharge/excess payment made under Section 78-B of Indian Railways Act, 1890, but beyond six months, are barred by limitation; Limitation Act does not apply as Tribunal is not a civil court.

Court Disposition

Petitions dismissed

Orders

  • Special Leave Petitions are dismissed.