ORDER

1. Paul, J. -- (1) This Miscellaneous Appeal filed under Order 43 rule 1(r) of Code of Civil Procedure, 1908 assails the order of commercial Court dated 8.3.2021, whereby the Court below has non-suited the appellant for not fulfilling the statutory requirements under section 12 A of the Commercial Courts Act, 2015.

2. In nutshell, the stand of learned counsel for the appellant is that the appellant is a private limited company and has copyright to use a product namely “Enerzy”. The respondent no.1 is unauthorizedly using the said product. The appellant instituted the suit under Order 8 rule 1 of the CPC read with section 55 of the Copyright Act, 1959, which was registered as case No.8656/2021. Along with the said suit, the appellant filed an application for interim relief and yet another application under section 12 A of the commercial courts Act. The commercial court by order dated 8.3.2021, dismissed the suit by holding that as per the appellant’s own saying, the cause of action have arisen in July, 2020 and 18th August, 2020. The suit was instituted on 4. 3.2021 i.e after six months from the date, the cause of action had originally risen. Perusal of plaint shows that there