( 1 ) ADMIT. Mr. S. B. Vakil, Mr. Ashwin l. Shah and Mr. Jayant Patel waive service on behalf of the respective respondent in these two appeals. At the request of the learned Advocates these appeals are taken up for final hearing.

( 2 ) UNJHA Formulations Limited (hereinafter referred to as "the Appellant") has filed these two Appeals From Order under section 104 read with Order 43, Rule 1 (r) of the Code of Civil Procedure against the judgment and order dated 21st March, 1996 passed by the learned Chamber Judge, City civil Court, Ahmedabad, allowing the notice of Motion, Exs. 5 and 6 in Civil Suits nos. 1062 and 1063 of 1996 filed by the unjha Pharmacy, a partnership firm and unjha Pharmacy Pvt. Ltd.- the respondents herein granting common relief as prayed for in both the Notice of Motion restraining the appellant-Company from proceeding further with the Public Issue in the name of Unjha Formulations Limited till the hearing of the suits.

( 3 ) PERUSING the plaints, except the change in the name of the plaintiff one filed by a firm and another filed by a Private Limited company the averments are practically the same. To summarise the case of the respondent-plaintiff