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P.K.BALASUBRAMANYAN, V.K.SHRIDHAR
Citrix Systems Asia Pacific Pty. Ltd. , In re – Appellant
Versus
– Respondent


Advocates Appeared:
Jitesh Bansal, Rajan R. Vora, Manoneet Dalal

RULING

Justice P.K. Balasubramanyan, Chairman - The applicant is a company incorporated in Australia. It claims to be one of the leading providers of software services which help in virtualization, networking and application delivery. It also offers a range of application collaboration, firewall, networking and streaming solutions. The applicant has entered into an agreement with independent Indian distributors for the distribution and sale of its software and hardware products in India. In the year 2006, the applicant entered into a distribution agreement with Ingram Micro India Limited (hereinafter referred to as "Ingram"), an independent Indian company engaged in the business of distribution of computer software and hardware. Under the agreement, Ingram was appointed as a non-exclusive distributor of the products of the applicant in India. Some of the key products distributed under the agreement are Citrix XenApp, Citrix Access Gatway and Citrix Netscaler. According to the applicant, under the agreement, the software products are purchased by the distributor from the applicant and sold by the distributor. With respect to the hardware products, the applicant shifted the products d

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