ORDER :

Anil Kumar, J.

The applicant, Financial Times Limited, proprietor of Trade Mark "Financial Times" and FT has sought impleadment in the writ petition filed by the petitioner against the order of the Registrar of Trade Marks canceling the petitioner's Trade Mark "Financial Times" suo moto u/s 57(4) of Trade Marks Act, 1999.

2. The applicant, Financial Times Limited, contended that their trade mark "Financial Times" is registered in many countries including India and in India it is registered as Trade Mark No. 468937 in Class 16 since March 9, 1987.

3. The applicant's contention is that he became aware of petitioner publishing the newspaper under the title "Financial Times". According to the applicant, since the petitioner became aware of applicant's prior registration of trade mark "Financial Times", anticipating legal action from the applicant, filed an application for cancellation on 1st December, 1993 being C.O. No. 23 of 1993 against the registration of Trade Mark of the applicant. On account of Trade Marks Act, 1999, the cancellation proceedings of the petitioner have been transferred u/s 100 of the said Act and are pending before Intellectual Property Appellate Board.

4. The