JUDGMENT :

Ranjan Gogoi, J.

1. After hearing the matter elaborately we arrive at the conclusion that the Special Leave Petition ought not to be entertained. However, in view of the extensive arguments at the Bar we deem it appropriate to support our aforesaid conclusion with the reasons therefor.

2. The brief facts are as follows:

The petitioner – 'Royal Orchid Hotels Limited' got registration of its trademark ‘Royal Orchid’ and 'Royal Orchid Hotels' in class 16 sometime in the year 2005. The aforesaid registration was challenged by the Respondent No.1 before the Intellectual Property Appellate Board (for short, 'IPAB') which dismissed the challenge on 04.10.2011. The respondent No.1 approached the High Court of Madras by instituting Writ Petition Nos.26544-26545 of 2011, which was dismissed by the High Court on 07.02.2014. The special leave petition against the order of the High Court was also dismissed by this Court on 01.09.2014. The dispute with regard to registration of the trademarks 'Royal Orchid' and Royal Orchid Hotels in class 16, therefore, has attained finality in law.

3. It appears that the petitioner sometime in the year 2004 applied for registration of its aforesaid trade