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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY J
Google India Pvt. Ltd. – Appellant
Versus
Testbook Edu Solutions Private Limited – Respondent
ORDER :
Senthilkumar Ramamoorthy, J.
In the suit instituted by a plaint presented and admitted in July, 2023, the plaintiff, which is an ed-tech services company, has prayed for declaratory relief to declare the Google Payment Terms of Service-Seller Payment Policies, clause 15.3 of the Developer Distribution Agreement (DDA) and the charges levied by the defendants under the Google Play Billing System (GPBS) and the User Choice Billing (UCB) system as illegal and unenforceable. The plaintiff has also prayed for a permanent injunction restraining the defendants from removing/delisting the apps operated, owned and marketed by the plaintiff in the Google Play Store in India on account of refusal to subscribe to the Google Payment Terms of Service –Seller Payment Policies.
2. The 6th and 7th defendants in the suit presented this application seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the CPC). The application has been presented on the grounds of non-disclosure of cause of action [Order VII Rule 11(a) of the CPC] and that the suit is barred by law because the jurisdiction of civil courts is barred under the COMPETITION ACT , 2002 ( COMPETI
The civil court retains jurisdiction over contractual disputes involving payment policies challenged by an ed-tech company despite previous similar suits being rejected under the Competition Act.
The jurisdiction of civil courts is barred when a complete code exists under specific statutes, such as the PSS Act and the Competition Act, which provide mechanisms for dispute resolution.
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Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
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