A.Y. Kogje, J.

This Appeal from Order is preferred under Section 13 of the Commercial Courts Act read with Order 43 Rule 1 of the Civil Procedure Code. This Appeal from order is filed challenging the order dated 09.03.2018 passed below Exhibits 6 and 7 of notice of motion in Commercial Trade Mark Civil Suit No.31/2017 by the Commercial Court, Ahmedabad.

2. The parties will be addressed as plaintiff and defendant for the sake of convenience.

3. The appellants are the original defendants in the Commercial Trade Mark Suit filed by the respondents herein contending that the respondent plaintiff is engaged in the business of manufacturing and marketing of filling, packaging and processing machineries for beverage, food and non-food sectors and providing for maintenance and service for the same. The Civil Suit was filed with the prayers as under :-

"(A) The Hon'ble court be pleased to grant an order and decree of permanent injunction restraining the defendants, their directors, partners, successors, servants, agents, dealers and distributors from using intellectual properties including but not limited to know-how, technical knowledge, customized manufacturing machinery as mentioned in ANNEXURE "A" and copyright protected customized computer software, database, drawings, process information and details, circuit diagrams, patent and other copyright protected materials and confidential information of the plaintiff.

(B) The Hon'ble court be pleased to declare that defendant have no right to use or disclose or divulge confidential information or secret process of manufacturing of machines as mentioned in ANNEXURE "A" and any other information of high degree of confidentiality and trade secrets of plaintiff to any other person.

(C) The defendants, their director, partner, successor, servants, agent, dealers, distributors be restrained by an order of permanent injunction from disclosing confidential information and any other information of high degree of confidentiality and trade secrets of the plaintiff."

4. The notice of motion was filed vide Exhibits 6 and 7 praying, inter-alia as under :-

"(A) The Hon'ble Court be pleased to grant an order of temporary injunction till disposal of suit restraining the defendants, their directors, partners, successors, servant, agent, dealers, and distributors from using intellectual properties including but not limited to knowhow, technical knowledge, customised manufacturing machinery mentioned in ANNEXURE "A" and copyright protected customised computer software, database, drawings, process information and details, circuit diagrams, patents, and other copyright protected materials and confidential information of the plaintiff.

(B) The Hon'ble Court be pleased to grant an adinterim order may be passed in terms of Prayer (A).

5. In the impugned order, the Commercial Court has restrained the defendants (appellants), i.e. the directors, partners, successors, servants, agents, dealers and distributors from using the confidential information/knowhow/technical knowledge, customized manufacturing machinery of the plaintiff. In the same order, it is also directed that the order of restrain is not to mean to preclude the defendants (appellants), who otherwise are free to carry on their profession by utilizing their own skill and information mentally retained by them, or by soliciting them independently. The impugned order further records directions to the parties to conclude the exercise of admission and denial of documents within a satisfied time.

6. The appellants original defendants aggrieved by the order passed below Exhibits 6 and 7 notice of motion in favour of the plaintiff seeks to challenge the same. The impugned order is challenged inter-alia, on the ground that the Commercial Court has no jurisdiction as the dispute raised in the complaint is not a commercial dispute and no cause of action exists. The Suit is barred by law of limitation and that there is no disclosure of any confidential information