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Judgment
Ali Mohammad Magrey, J
In the instant petition, the petitioner prays for the following reliefs;
a) Writ, order or direction in the nature of Mandamus, commanding the respondent to grant authorization to the petitioners to use "Agmark" on the spices manufactured and packed by them for marketing in and outside the State under the trade name "Chinar Spices";
b) Any other writ, order though not specifically been mentioned may also be passed, in the facts and circumstances of the case deem appropriate.
Mr T.M. Shamsi, learned Assistant Solicitor General of India submits that the relief prayed for the by the petitioners in the instant writ petition has become infractuous in view of decision rendered by Intellectual Property Appellate Board on 26.11.2012 in case filed by Shri Suman Kumar Gupta against the petitioners, seeking rectification of the trademark "CHINAR" registered under No. 914238 in Class 30 under the provisions of the Trade Marks Act, 199, in favour of the petitioners. Copy of order so produced by Mr T.M. Shamsi, learned Assistant Solicitor General of India is taken on record.
Since the Appellate Board has cancelled the registration of the petitioners in terms of order supra, therefore, unless the petitioners challenge the said order, there is no scope for grant of any relief.
In the above background, the instant writ petition shall stand settled, however, the petitioners shall be at liberty to challenge the order supra if so advised. Interim direction, if any, shall also stand vacated.