JUDGMENT

TUSHAR RAO GEDELA, J.

1. The petitioner has filed the instant writ petition seeking the following prayers:-

“a) Hold that the CCI can validly invoke doctrine of necessity in this case for initiating non-compliance proceedings against Google and issue an appropriate order/ direction in the nature of writ of mandamus to Respondent no. 1 for timely adjudication of the interim relief application and the application under Section 42 of the Competition Act, 2002, as filed by the Petitioner; regarding non-effective compliance by Google of the CCI’s final order dated 25.10.2022 and to keep UCB’s implementation in abeyance till the adjudication by the CCI, and/or;

b) Issue an appropriate order/ direction providing interim relief to the Petitioner, directing the Respondent No. 2 to 5 to keep the implementation of Google’s UCB in abeyance, pending adjudication by the CCI on Petitioners application and maintain the status quo (i.e no commission is to be charged when transaction happen via other payment processors mode (non GPBS mode) as it exists now”

2. The following facts shorn of all unnecessary details and germane and relevant to decide the dispute are as under:-

2.1 On 20.02.2020, an anonymous informant filed an information before the Competition Commission of India (hereinafter referred to as “CCI”) under Section 19 of the Competition Act, 2002 (hereinafter referred to as “Act”) against Respondent No. 2 - 5 (collectively referred to as ‘Google’) (First Information). The CCI registered the First Information as Case No. 07 of 2020.

2.2 Thereafter, on 09.11.2020, the CCI issued a prima facie order under Section 26(1) of the Act in Case No. 7 of 2020 directing the Office of the Director General (DG) to conduct an investigation against Google.

2.3 Subsequently, on 29.06.2021, a second informant (Match Group Inc.) (Respondent No. 6 herein) filed information before the CCI against Google under Section 19 of the Act (Second Information). The Commission registered the Second Information as Case No. 14 of 2021. The same was followed by an application for interim relief filed by Alliance of Digital India Foundation (Petitioner) against Google on 06.10.2021 (First IRA) in Case No. 07 of 2020 and Case No. 14 of 2021, seeking ad-interim relief restraining Google from implementing its Payments Policy under Section 33 of the Act.

2.4 That thereafter, on 18.10.2021, Petitioner filed an information against Google under Section 19 of the Act (Third Information). The CCI registered the Third Information as Case No. 35 of 2021, which was finally clubbed by with Case Nos. 07 of 2020, 14 of 2021 vide its Order dated 02.11.2021.

2.5 Consequently, from 16.03.2022 till 01.09.2022, the proceedings of these cases moved in full swing by filing of an investigation report by the DG, which was subsequently followed by its response filed by Google, and the detailed hearings conducted thereafter by the CCI. All such proceedings reached its final conclusion by CCI and the matters were reserved for orders.

2.6 After the conclusion of CCI oral hearings and when the final order was reserved, Google swiftly announced a user choice billing (UCB) pilot program for non-gaming app developers in India on

01.09.2022.

2.7 The CCI passed the final order in Case No. 07 of 2020, 14 of 2021 and 35 of 2021, which was challenged by Respondent Nos. 2 to 5 by filing a statutory appeal before the National Company Law Appellate Tribunal (NCLAT).

2.8 Therein, Google, on 25.01.2023, submitted its Compliance Report on its supposed implementation of the eight remedial directions given by the CCI.

2.9 To the said Compliance Report filed by Google, Petitioner filed three applications, one after the other, under Section 42 of the Act, before the CCI, mainly for causing an inquiry into the compliance report filed by Google alongwith certain other prayers. That all such applications filed before CCI on 31.01.2023, 06.03.2023, 28.03.2023 under Section 42 of the Act are still impending adjudication til