JUDGMENT

Amit Bansal, J.

[VIA VIDEO CONFERENCING]

1. The present petition filed under Articles 226 and 227 of the Constitution of India impugns the common order dated 22nd September, 2020 passed by the Intellectual Property Appellate Board (hereinafter referred to as the 'IPAB'), whereby the rectification/cancellation petitions bearing ORA/97/2009/TM/DEL and ORA/98/2009/TM/DEL, filed on behalf of the respondent no.3 Eveready Industries India Limited (hereinafter referred to as the 'respondent'), have been allowed, resulting in the removal of the registered trade marks No. 439233 ("EVEREADY" word per se) and No. 539621 ("EVEREADY" logo) or "" in Class-8 from the Register of Trade Marks. Vide the present petition the petitioners are challenging the impugned order passed in ORA/97/2009/TM/DEL to the extent whereby, the petitioners. registered trade mark under No. 439233 ("EVEREADY" word per se) in Class-8 was removed.

2. The facts, which emerge on a reading of the claims of the petitioners and the respondent, are set out below:

2.1 The petitioners are engaged in the business of manufacturing and marketing of hand tools sold under the trade mark/label "EVEREADY". The petitioner no.