SOUMEN SEN,J. - (1.) The Court: The five Special Officers have filed their individual reports. Ms. Madhu Priya, Advocate who was appointed as Special Officer has visited the factory and godown of defendant nos. 1, 2, and 3 and have identified the infringing goods and have seized the materials. The said materials have been kept in the godown of the said defendants at a place provided by the said defendants. The report also shows that the real identity of the defendant no.2 is Mr. Ashok Mullick and not Mr. Sanjay Mullick. Mr. Ashok Mullick has assured that he would not sell the infringing materials and he has given particulars of his supplier in Kolkata. The Special Officer has also seized the infringing materials found at Star Line Freeze and kept them in the garage of the said concern and sealed them with the padlock and has retained the keys. The Special Officer has also visited Shikha Traders, Deep Freezes, M/s. Ratan Chandra Das and have seized the infringing materials. The said materials are presently in the safe custody of the Special Officer.
(2.) Mr. Shubhasish Sengupta learned Counsel appearing on behalf of M/s. Ratan Chandra Das at Bartola has submitted that his client is prepared to give an undertaking not to sell such infringing materials. An affidavit of undertaking to that effect shall be filed on the adjourned date.
(3.) The second Special Officer, Mr. Ovik Sengupta has filed a report wherefrom it appears that he has visited the factories and godowns of the respondent nos. 4, 5, 7, 14, 15 and 16. In the report, it is stated that all the aforesaid respondents excepting respondent no.16 are not presently dealing with the infringing materials but they have disclosed that they used to procure such materials from Bengal Essence Stores situated at 7, Ezra Street, Kolkata - 700001. The respondent no.16 as it appears from the report has stopped manufacturing Ice Cream. The report reveals that 1000 pieces of lids, caps and slip cones bearing the name of the plaintiff company's trademark were found but they were not in usable condition. Bengal Essence Stores and In Essence Stores having their offices at 7 Ezra Street and 9 Ezra Street are represented by Ms. Baisali Sharma and Mr. Subasis Sengupta and they assure that they shall file an affidavit of undertaking not to use the said infringing materials in any manner whatsoever.;