R. Jayasimha Babu, J.

1. C.S.5/96 is filed by Westinn Hospitality Services Limited. Defendant therein Ceasar Park Hotels & Resorts Incorporated is the plaintiff in C.S.141/96. The parties are hereinafter referred to as WHSL and cphr respectively. The suit by WHSL purports to be under Sec.120 of the Trade and Merchandise Marks Act, 1958 alleging that the ere are groundless threats by CPHR in relation to the use of the mark WESTINN. That mark is not a registered trade mark in India. The mark is not claimed in relation to any goods but is claimed by CPHR as service mark. Service marks are not registerable under the Trade and Merchandise Marks Act.

2. WHSL was initially incorporated in August, 1989 as Westinn Consultants Private Limited which name was changed in the year 1991 as Westinn Hospitality Services Limited. It has been using the words 'Westinn' as part of its corporate name from the year 1989. The company had been carrying on business of consultancy services for hotel and resorts and for providing an automatic hotel reservation system. The company has among other divisions, a division providing for automatic hotel reservation system which business is carried on under