JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present writ petition impugning an order dated 27.01.2011 (hereafter ''the impugned order'') passed by the Intellectual Property Appellate Board (hereafter ''IPAB'') whereby the application filed by the petitioner (M.P. No 161/2009) to implead M/s Jain Industries as a respondent to the rectification petition (CO No. 6/1987) filed by it, was rejected.

2. The brief facts that are relevant for examining the controversy in the present petition are as under:-

2.1 The petitioner is a company incorporated under the Companies Act, 1956 and claims that it is engaged in the business of manufacturing, marketing and exporting diesel oil engines and its parts, since the year 1963. The petitioner claims that it adopted the trademark ''Fieldmarshal'' for its products, which stands registered in its name under nos. 224879, 252070 and 252071 in Class 7. The petitioner further started manufacturing and selling monoblock pumps and motors including centrifugal pumps and their parts under the said trademark in or around the year 1973.

2.2 Thukral Mechanical Works Ltd (hereafter ''Thukral'') is a company registered under the Companies Act, 1956 and