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 arguments on the termination
order as well.
Source: Indian Kanoon
