( 1 ) THIS matter was earlier fixed for hearing on 5. 5. 1998. On this date, this court has called upon the learned counsel for the petitioner who put appearance, to satisfy how this petition which is filed against and interlocutory order is maintainable. The learned counsel for the petitioner prayed for time to prepare on this question and that prayer was accepted and this matter was ordered to be fixed for hearing for today. Though the matter is fixed today for hearing on the request of learned counsel for the petitioner, none is present for the petitioner. Heard learned counsel for respondent No. 3.

( 2 ) BRIEFLY, the facts of the case which are necessary for the purpose of deciding this matter are as follows : the petitioner applied for registration of trade mark conazole under No. 488075 in class-5 on 28th March, 1988 before the respondent No. 2. The respondent No. 3, wockhardt Limited gave a notice of opposition opposing the registration of the mark advertisement under number 488075 in class-5 in the Trade Marks Journal No. 1112 dated 1. 10. 1995 at page No. 1949 before respondent No. 2 on 26. 12. 1995. The respondent no. 2, vide its Letter No. GEN-4882-4883