( 1 ) THIS is an appeal against the order of the learned Single Judge dated October 31, 1994 whereby the application of the respondents (who are plaintiffs in Suit No. 1705/94) under Order 39 Rules 1 and 2 Civil Procedure Code seeking an ad interim injunction restraining the appellants (defendants in the abovesaid suit) from passing off their goods as that of the respondents was allowed and the appellants were restrained from manufacturing, selling, advertising or in any way using the trade mark whirlpool in any other trade mark deceptively or confusingly similar to the trade mark whirlpool in respect of their goods. The appeal arises in the following circumstances:-

( 2 ) THE first respondent, which is the first plaintiff in the suit, is an American Corporation, organized and existing under the laws of the State of Delaware, USA. The second respondent, a Company registered in India, is a joint venture company established by the first respondent and a company called Sundram Clayton. A suit was filed by the respondents on 4th August, 1994 against the appellants for permanent injunction, passing off and damages.

( 3 ) ACCORDING to the plaint the first respondent is e