(Dr. D.Y. Chandrachud, J.)

Admit. The Learned Counsel for the Respondents waive service. On the request of the Learned Counsel appearing for the parties and by consent, the appeal is taken up for hearing and final disposal.

2. The appeal is from the judgment of a Learned Single Judge which has been rendered on a Petition which was filed by the Appellant under Section 45 of the Arbitration and Conciliation Act, 1996. The Appellant which is a company incorporated in Germany entered into a Share Purchase Agreement (SPA) with the Respondents. By its petition, the Appellant sought a direction under Section 45 for a reference to arbitration in accordance with an arbitration agreement embodied in clause 11.13 of the SPA. The Appellant has in pursuance of the arbitration agreement invoked arbitration by lodging a request for arbitration (RFA) to the International Chamber of Commerce, Paris. The First Respondent instituted a suit in this Court on the Original Side, for seeking a declaration that the SPA had, by mutual agreement between the Appellant and the First Respondent, been terminated/rescinded, thereby rendering it null and void and that consequently the SPA “is no longer