T.S. SIVAGNANAM, J.

Challenge in this Writ Petition is to an order passed by the Intellectual Property Appellate Board (IPAB), dated 24.12.2010, in ORA/248/08/TM/CH, an application filed by the fourth respondent under the Trade Marks Act, 1999 (“the Act”) for removal of the petitioner's trade mark 'Rhizome's IMPERIAL GOLD' registered under No.1161682 in class 33, from the Register of Trade Marks. The IPAB allowed the application filed by the fourth respondent and ordered for the removal of the said trade mark from the register. The petitioner challenged the order by filing this Writ Petition. A Division Bench of this Court by order dated 16.02.2012, allowed the Writ Petition and set aside the order passed by the IPAB holding that the grounds embodied under Sections 9 and 11 of the Act, are available to the persons only at the time when they raise objection for registering the trade mark and the said principles cannot be applied for rectification of the registration, particularly considering the factum that another company M/s.Liquor India Pvt., Ltd., withdrew their objections and allowed the petitioner to use the Trade Mark.

2. The fourth respondent preferred an appeal to the Ho