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2015 Supreme(Del) 988

V.KAMESWAR RAO
Jindal Steel & Power Limited – Appellant
Versus
SAP India Private Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. Dhruv Mehta, Senior Advocate, Mr. Manish Sharma, Ms. Ranjana Roy Gawai, Mr. Krishna Keshav, Advocates.
For the Respondent:Mr. Parag Tripathi, Senior Advocate, Mr. Vikas Dutta, Mr. Siddharth Silwal, Mr. Nikhil Varshney, Ms. Mahima Gupta, Advocates.

JUDGMENT

V. KAMESWAR RAO, J.

1. This petition under Section 9 of the Arbitration and Conciliation Act has been filed by the petitioner initially seeking a restraint order against the respondent from terminating the SAP Software End-User License Agreement dated September 27, 2005 entered into between the parties.

2. This relief was in view of the legal notice issued by the respondent dated December 30, 2014 threatening termination of the License. I may only note here that during the pendency of the petition, the respondent has in fact, terminated the License Agreement dated September 27, 2005, vide order dated April 30, 2015, which compelled the petitioner to file an application seeking the stay of the termination order. Suffice to state, this Court had not stayed the termination of the License Agreement. Even though, the petitioner has not amended the petition incorporating the challenge to order dated April 30, 2015, as the order dated April 30, 2015 has been placed on record and the learned Senior Counsel for the respondent has no objection on this Court proceeding on the premise that the present Petition lay a challenge to order dated April 30, 2015, this Court has heard the argu










































































































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