"Madras High Court Enjoins Google Temporarily from Removing Matrimony.com and 13 Other Apps from Play Store
In a recent development, the Madras High Court has issued a temporary restraining order against Google's move to delist Matrimony.com and 13 other digital enterprises from its Play Store. The decision was rendered by a bench comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu during the course of final arguments presented in a series of appeals. These appeals were filed by Matrimony and several other entities, contesting a previous judgment by a single-judge bench that had denied them relief.
The earlier ruling, pronounced on August 8, had dismissed 14 out of 16 pleas initiated by Indian startups and technology companies including Shaadi.com, Bharat Matrimony, and Unacademy. These pleas were lodged against Google's app billing policy. In the ruling, Justice S Sounthar, the single judge, had established that the jurisdiction for addressing the matter rested with the Competition Commission of India (CCI). He further expressed that the remedies available under the Competition Act exceeded those obtainable within a civil court.
Two petitions, however, remain active challenging the new billing structure. These were filed by Testbook and Disney+ Hotstar.
Representing Matrimony.com, Senior Counsel P Chidambaram asserted before the division bench that the single judge's decision lacked citation of relevant legal judgments. He refuted the notion that digital firms were barred from seeking redress through a civil court. Chidambaram highlighted that analogous to being able to file a lawsuit against a bank despite the presence of RBI's authority, the right to sue should not be abrogated. He contended that while the CCI held the authority to grant specific relief, the jurisdiction of civil courts remained intact for remedies beyond the CCI's purview.
Historically, Google mandated app developers to utilize its Google Play Billing System (GPBS) for all financial transactions encompassing paid app downloads and in-app acquisitions. In return, developers were subject to a commission ranging from 15 to 30 percent for utilizing Google's services. The introduction of Google's new billing mechanism permitted users to choose an "alternative billing" avenue alongside GPBS. This alteration allowed app developers to integrate third-party billing systems, albeit accompanied by a service fee varying between 11 to 26 percent.
Matrimony.com and fellow app developers opposed this newly imposed fee and have brought their concerns before the High Court.
Further deliberations are scheduled for August 23. The appellants' app developers were represented by Senior Advocates P Chidambaram, Sriram Panchu, Satish Parasaran, Srinath Sridevan, R Venkat Raman, and advocates Abir Roy, Anirudh B. Menon, SK Hari Narayanan, Sachin Menon, Vivek Pandey, Aman Shankar, Sukanya Viswanathan from Tatva Legal and Sarvada Legal."
TAGS: "Madras High Court Google Matrimony.com Play Store delisting temporary restraining order Chief Justice SV Gangapurwala Justice PD Audikesavalu appeals single-judge bench relief denial Indian startups tech companies app billing policy August 8 ruling Shaadi.com Bharat Matrimony Unacademy Competition Commission of India (CCI) Competition Act Testbook Disney+ Hotstar Senior Counsel P Chidambaram jurisdiction civil court Google Play Billing System (GPBS) app developers financial transactions in-app acquisitions service fee alternative billing third-party billing systems High Court hearing August 23 Tatva Legal Sarvada Legal."
