Harsha Devani, J.

In this appeal from order under Order XLIII rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") read with section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, the appellant has called in question the order dated 1st January, 2019 passed by the Commercial Court, Ahmedabad below applications Exhibit 7 and Exhibit 1 in Commercial Trademark Suit No.1 of 2019.

2. Certain facts which may be necessary to decide this appeal are:

The first respondent M/s Red Ribbon Entertainment Private Limited (original plaintiff) has come with a case that one Kartik Patel has conceptualized the idea of the disputed song/music composition/video of "Char Bangadi Wari Gaadi" in November 2015 with the help of professional team Kathiawadi Kings and turned the idea into a successful music video on 5th September, 2016. Mr. Kartik Patel became the owner of the said copyright work. The final song was uploaded on YouTube on 29th September, 2016. On 20th December, 2016, the appellant and the respondents No.2 and 3 (original defendants No.1 to 3) copied the wordings and the music and recorded the s