The Madras High Court has temporarily restrained Google from delisting matrimony.com, which is operated by Bharat Matrimony, along with 13 other digital companies on its play store. A two-judge bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu granted the interim injunction while hearing the ongoing final arguments over a batch of appeals filed by Bharat Matrimony and others, who were challenging a single-judge bench order denying the relief earlier, according to a New Indian Express report.
A single judge of the High Court on August 8 dismissed 14 out of the 16 pleas of Indian start-ups and tech companies, which included Bharat Matrimony, Shaadi.com and Unacademy, against Google's app billing policy. However, while dismissing the petitions, Justice S Sounthar said that this issue comes under the jurisdiction of the Competition Commission of India (CCI) and the remedy available under the Competition Act is much more comprehensive.
The court held that since the petitioners allege abuse of dominant position by Google, the CCI has jurisdiction to adjudicate on the same. However, the single-judge bench had rejected Google’s plea that the lawsuits should be filed in California, United States.
The dispute started after Google recently asked all app developers to use its Google Play Billing System (GPBS) for app transactions, including paid app downloads and in-app purchases. In GPBS, app developers are charged a commission of 15 to 30 percent for the services that Google offers. However, Google’s new billing system offers users to opt for an alternative billing option besides the GPBS.
Bharat Matrimony and other app developers had moved the Madras High Court opposing this billing system of the American tech giant. The petitioners pleaded for an injunction restraining Google parent Alphabet Inc. from removing the apps from the Google Play Store.
The matter will come up for further hearing before the two-judge bench of the High Court on August 23.
https://legalvidhiya.com/madras-high-court-temporarily-restrains-google-from-delisting-matrimony-13-others-from-play-store/
(Edited by : Sudarsanan Mani)
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