1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO. 192 OF 2009 IN SUIT NO. 3028 OF 2007 Kores (India) Limited .. Plaintiff V/s M/s Whale Stationery Products & Anr. .. Defendants Mr. Utkarsh Tiwari i/b Shantilal & Co. for the plaintiff. Mrs. U.S. Srivastava, IInd Assistant to Court Receiver, present. CORAM : D.G. KARNIK, J. DATE : 10TH JULY 2009 P.C. : 1. Heard counsel for the plaintiff. None present for the defendants. 2. By an order dated 6th December 2007, the Court Receiver was appointed by this Court to take charge of the goods which were alleged to contain infringing mark “KORES” belonging to the plaintiff. By the same order, liberty was given to the defendants to apply to the Receiver for return of the products subject to erasure of the mark “KORES” and of the device of 2 the lady engaged in typing. 3. The IInd Assistant to the Court Receiver, who is present in Court, states that accordingly the defendants made an application for return of the goods for erasing the mark. The defendants were permitted to erase the mark and have erased the mark. The Receiver’s representative states that the offending mark has been erased completely. The Receiver now seeks permission of the Court for return of the goods. 4. Learned counsel for the plaintiff states that the plaintiff be permitted to inspect of the goods to verify whether mark has been erased. The representative of the Receiver states that notice was given to the plaintiff to take inspection, but the plaintiff has not cared to take inspection on the date fixed for inspection. If the plaintiff has chosen not to take inspection despite notice by the Receiver, the release of the goods cannot be withheld for the neglect of the plaintiff. This is more so because the goods are at Delhi and the Receiver would be required to spend valuable time for going to Delhi again because of the neglect of the plaintiff. The Receiver is satisfied that the offending mark has been obliterated and I see no reason to disbelieve the statement made by the 2nd Assistant to the Court Receiver. 5. The Receiver is accordingly permitted to return the goods to the defendant company provided the Receiver is satisfied that the offending 3 mark has been obliterated. The plaintiff shall pay to the Court Receiver the costs, charges and expenses so far incurred by him. (D.G. KARNIK, J.)