JUDGMENT :

VIKAS MAHAJAN, J.

I.A. 23754/2025 (under Order XXXIX Rules 1 and 2 read with Section 151 CPC by plaintiff)

1. The plaintiff has filed the present application seeking following reliefs:

“(a) An ex parte ad interim order directing Defendant No. 1 to restore full and uninterrupted access to the SAP Marketplace and the OSS (Online Service System), available at https://service.sap.com, as existed prior to July 24, 2025.

(b) An ex parte ad interim order directing Defendant No. 1 to provide all necessary SAP hardware keys for new hardware installation, as well as the SSCR (Software Change Registration) keys for customization or migration of the SAP Software installed by the Plaintiff pursuant to the Agreements, thereby restoring the status as it stood before July 24, 2025.

(c) An ex parte ad interim order directing Defendant No.1 to reinstate SAP support services in the form of availability of SAP’s functional and technical expert, as provided prior to July, 24,2025, including for timely resolution of incidents.

(d) An ex parte ad interim order restraining Defendant No. 1, including its partners, agents, assigns, and all individuals acting on their behalf, from interfering in any manner with the Plaintiff’s right to access and continued use of the SAP Software and Services provided under the Agreements, including but not limited to Order Form 1, Order Form 2, Order Form 3, and the SAP Delivered Support Agreement.”

FACTUAL MATRIX

2. Plaintiff herein, namely Nayara Energy Limited (formerly known as Essar Oil Limited), is a company duly incorporated under the provisions of the Companies Act, 1956, operating a large-scale oil refinery and managing a network of retail fuel outlets across the country.

3. Defendant no. 1, SAP India Private Limited, is a company duly incorporated under the Companies Act, 1956, and is principally engaged in the business of providing comprehensive business software solutions and technology services to enterprises across various industry sectors, whereas defendant no. 2 is arrayed as a proforma party in the present suit, being a ‘partner’ company of defendant no. 1, engaged in providing certain services to the customers of defendant no. 1.

4. The genesis of the contractual relationship between the plaintiff and defendant no. 1 lies in the SAP Software End-User Value License Agreement dated 17.08.2004 (in short ‘EULA’) executed between defendant no. 1 and Essar Steel India Limited (in short ‘Essar Steel’).

5. Under the terms of the EULA, defendant no.1 granted non-exclusive licenses (Perpetual in nature) to Essar Steel and its authorized affiliates for the use of specified SAP software products, subject only to the standard terms of payment and usage restrictions.

6. Thereafter, pursuant to Section 10 of the EULA, Essar Steel and Essar Oil Limited (subsequently renamed as Nayara Energy Limited i.e. the Plaintiff herein) sought and duly obtained the explicit consent of defendant no. 1 to assign all rights, benefits, and obligations under the EULA to Essar Oil Limited. This assignment was formalized through an Assignment Agreement dated 22.06.2017, made effective from 01.01.2017 (‘Assignment Agreement’), executed between defendant no. 1, Essar Steel, and Essar Oil Limited.

7. Specifically, Clause 1 of the Assignment Agreement transferred the software license, encompassing all associated rights and benefits, to Essar Oil, thereby ensuring the continuity of the core software ecosystem, while Clause 3 thereof obligated defendant no. 1 to provide ongoing support services in strict accordance with the SAP Support Schedule.

8. Subsequently in the year 2018, Essar Oil Limited was renamed as Nayara Energy Limited (the present plaintiff), with the plaintiff acquiring all rights under the Assignment Agreement dated 22.06.2017, that was previously assigned to erstwhile Essar Oil Limited.

9. Consequently, the EULA and the subsequent Assignment Agreement established the plaintiff as the sole beneficiary of the license rights, which