Transport of goods to certain destination by rail-Benefit of telescopic system of rates denied-Complaint-Tribunal Held that Railways contravened Section 28 of the Railways Act-However, it did not direct refund of freight charges collected illegally and unreasonably-Challenge to-Dismissed by Supreme Court-Writ petition for refund of the freight charges-High Court holding that Court could not decide money claim in writ petition-Suit for money claim-Limitation-Notice period and time spent in writ proceedings-Exclusion of-Held: No malafides/want of good faith in instituting the writ proceedings-Cause of action arose when the dispute was finally adjudicated by Supreme Court-Two months' Notice period mandatory before filing a suit-Period during which writ petition for identical relief on same cause of action remained pending and notice period could be excluded from computing period of limitation as per provisions in the Limitation Act-Thus, suit is not barred by limitation.

Railways Act, 1890-Section 78B.

 Illegal charges, vis-a-vis overcharges-Distinction between-Discussed.

Words and Phrases:

'over charges '-Meaning of in the context of Limitation Act.