- (1.) Leave granted. These appeals arise out of two interim orders one dated 11.09.2014 and the other dated 20.04.2015 passed by the High Court of Calcutta in GA No. 2877 and A POT No. 502 of 2014 in CS No. 393 of 2013 whereby the High Court of Calcutta has directed the Appellant herein to pay to Respondent No. 2 - Cimmco Limited, rent at the rate prevalent on the date of the expiry of the lease period in 2007 till date with interest on the due amount @ 12% and to continue to pay the said rent as and when it falls due.
(2.) The appeal in which the above two orders came to be passed was filed by the Appellant-Union of India against an interim order passed by a Single Judge of that Court dated 26.03.2014 as modified on 09.04.2014 whereby the Appellant-Railways was directed to deposit in a no lien account user charges/rent at the rate last paid by the Railways in 2007 from the date of expiry of the primary lease period till 31.03.2014. The said interim order was in turn passed in a civil suit filed by Respondent No. 1 in this appeal against Respondent No. 2 - Cimmco Limited inter alia for a decree for recovery of Rs. 12,34,21,126/- and for recovery of 687 BOXN type wagons described in the schedule in the plaint and for an injunction restraining the Defendant from using or permitting use of the said wagons. Facts giving rise to the filing of the suit and the appeals afore-mentioned may be summarised as under: A tender for supply of 4000 railway wagons was floated by the Indian Railways on 27.07.1995 on what was described as Build, Own, Lease and Transfer (BOLT) basis from eligible manufacturers and suppliers. Several bids were received by the Railways in response including one from Respondent No. 2-Cimmco Limited which bids were then evaluated culminating in the issue of a letter of intent dated 18.03.1986 in favour of Cimmco Limited for supply on BOLT basis, 1200 number of wagons out of which 1000 were to be VU-BOXN type while the remaining 200 were meant to be BCNA type wagons.
(3.) On receipt of letter of the intent aforementioned Cimmco Limited appears to have entered into a Principal Lease Agreement on 21.02.1997 with Industrial Development Bank of India (IDBI) wherein IDBI was to own the wagons to be manufactured by Cimmco Limited with the help of the loan/financial help extended by the former until the re-payment of the outstanding loan amount. The Respondent-Cimmco Limited was however under the agreement permitted to sub-lease the wagons with the prior approval of IDBI.;