ORDER

The petitioner is a manufacturer of cement at Chittorgarh in Rajasthan. It had transported cement to various destinations through railway carriages. Prior to 3-5-1989, the petitioner got the cement transported through meter gauge from the railway siding at Chanderia. After conversion into broad gauge the railway siding was at Difthkola Chittor Broad Gauge Rail Link. In consequence 34 kilometers distance was added to levy freight charges. Thereafter, between May-June, 1989 and March, 1990 the petitioner had, various consignments, booked and transported the cement to diverse destinations and paid the freight charges. Later, on January 21, 1991, the petitioner has sent a notice to the Western Railway under Section 78-B of the Indian Railway Act, 1890. (for short, the Act), claiming refund of different amounts. Since it was rejected, on 23-12-1991 the petitioner laid the claim under Section 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 Section 78-B of the Act. When it was challenged in Civil Appeal No. 84/93 and batch the single Judge of the High Court by his order dated 25-1-1