SOUMEN SEN, J. - (1.) The Court: The five special officers appointed by the order dated 12th December, 2018 have filed their reports. Pursuant to the service, the defendant no.44 is represented. The Special Officers appointed to inventorise the godowns of the said defendant and find out the infringing goods, if any, and thereafter to seize such materials has filed a report wherefrom it appears that the said defendant is the manufacturer and wholesaler of printed boxes and wrappers. The proprietor of the said respondent had cooperated with the Special Officer and permitted identification of the infringing goods at the said address. It appears that the respondent no.44 has submitted before the Special Officer that they were not aware of the trademark of the petitioner. The printed sleeves/wrappers and lids found in the godown are infringing in nature. The respondent no.44 had agreed to comply with the directions in fact the learned Counsel representing the respondent no.44 had assured that they would not use and/or print the infringing wrappers. The infringing goods have been segregated and kept in the possession of the respondent no.44. The respondent no.44 has also given an undertaking not to dispose of or sell and make over such infringing goods. In so far as the other added defendants are concerned, they are not represented.
(2.) Mr. Ratul Das, one of the Special Officers who inspected the godowns of the defendant nos.39, 40, 44 and 49 have found infringing materials in the godown of the said defendants and the report shows that each of the defendants during such visit had assured the Special Officer that they would not use the infringing materials and would segregate the said materials from the rest of the materials.
(3.) Mr. Debasish Das, the Advocate Special Officer appointed to inventorise the godowns of the respondent nos.50, 51, 52 and 55. In his report has stated that he also found some quantities of infringing wrappers and/or lids in the respective godowns during his visit. Each of the said defendants has given an undertaking that they would not use the infringing materials and/or lids. The infringing materials were segregated and kept separately.;