( 1 ) WITH the consent of the parties we treat this appeal and the application as on day's list and dispose of both of them by the following judgment and order.

( 2 ) THE appeal has been filed by Bucyrus Europe Limited, a company having its office at Becor House, Green Lane, Lincoln LN-6 7dl, United Kingdom and bucyrus India Pvt. Ltd. (hereinafter referred to as the appellant) purportedly against order Nos. 1, 2 and 3 dated 11th August, 2004 of the learned Trial Judge. It is common ground that so far as order No. 1 is concerned there has been some misconception on the part of the learned Trial Judge. The appeal has substantially been filed against order No. 2 of the same date by which the learned Judge refused to grant any ex parte ad interim order of injunction and was pleased to direct notice to be issued on the defendant namely, Vulcan industries Engineering Pvt. Ltd. having its office at the district of Anand in the State of Gujarat (hereinafter called the defendant ). The learned Judge also refused to pass any order for appointment of receiver and also in connection with the said prayer also directed notice to be issued on the defendant.

( 3 ) ALONG w