JUDGMENT :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

Prayer: Appeal under Section 13 of the Commercial Courts Act, 2015 r/w Order 43 Rule 1 of the Code of Civil Procedure r/w Order XXXVI Rule 9 of the Original Side Rules to set aside the decree and judgment dated 03.08.2023 in A.No.3101 of 2023 in C.S.(Comm. Div.) No.120 of 2023 and consequentially direct the Single Judge of the High Court of Madras to restore the Suit in C.S.(Comm. Div.) No.120 of 2023.

The present appellants are the original plaintiffs. For the sake of convenience, the parties would be referred to with their original status in the plaints.

2. The plaintiffs instituted suits seeking a declaration that the Google Payments Terms of Service-Seller (IN) posted on 02.06.2022, Payment Policies, Policies relating to Service Fees, Terms and Conditions, posted by the defendants' on its websites/portals/ webpages on various dates, including the Blog-post dated 17.05.2023, all relating to the implementation of Google Play Billing System (GPBS)/User Choice Billing (UCB)/Consumption-Based Model vis-a-vis the Mobile Application as illegal and unenforceable. The plaintiffs further sought a declaration that the definition o