M. KARPAGAVINAYAGAM, J.

These appeals have been filed by the plaintiff in C.S. No. 141 of 1996, aggrieved by the order dated 29-4-1997 passed by the learned Single Judge in O.A. Nos. 163 of 164 of 1996 in the said suit. In this judgment, we will refer to the parties as they are described in the suit for convenience.

2. The plaintiff, Park Hotels and Resorts Inc., Seattle, Washington, U.S.A., hereinafter referred to as CPHR, filed the said suit seeking for permanent injunction restraining the defendant Westinn Hospitality Services Limited, Madras, hereinafter referred to as "WHSL", from passing-off its business as that of 'CPHR' by using the name "Westinn" as part of its corporate name, besides claiming damages and costs.

3. In the said suit, the plaintiff filed O.A. No. 163 of 1996 seeking for the grant of ad interim injunction restraining the defendant from passing off its business by using the expression "Westinn" or any other expression aurally, phonetically, or otherwise deceptively similar to it in the course of its business. It also filed O.A. No. 164 of 1996 seeking for ad-interim injunction restraining the defendant from proceeding further with respect to the propo