Madras High Court
Testbook Edu Solutions Private Limited vs Google India Pvt. Ltd on 20 January, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
OSA (CAD) No.50 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
OSA (CAD) No.50 of 2024
&
C.M.P.Nos.11359 & 11360 of 2024
Testbook Edu Solutions Private Limited
Through their Authorised Signatory Sankalp Aggarwal
Corporate Identification No.U72200MH2013PTC241118
Having registered address at:
1 st & 2nd Floor Zion Building
Plot No.273, Sector 10 Kharghar, Panvel
Navi Mumbai Raigarh, Maharashtra, India 410 210
Now at: Through their Authorised Signatory Sankalp Aggarwal
Corporate Identification: No.U72200HR2013PTC1119489
Having registered address at 2nd Floor, Plot No.4
Minarch Tower, Sector 44, Gurgaon 122003
Haryana, India. .. Appellant
Vs.
1. Google India Pvt. Ltd.
Rep. by its Managing Director
Corporate Identification No.U72900KA2003PTC033028
With their registered address at:
No.3, RMZ Infinity – Tower E, Old Madras Road
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OSA (CAD) No.50 of 2024
4th & 5th Floors, Bangalore, Karnataka 110 001.
2. Google India Digital Services Private Ltd.
Rep. by its Managing Director
(CIN) U74999DL2017PTC376205
5th Floor, DLF Centre, Block 124
Narindra Place, Sansad Marg
New Delhi 110 001.
3. Alphabet Inc.
Rep. by its Authorised Officer
1600 Amphitheatre Parkway
Mountain View, CA 94043
United States of America.
4. Google LLC
Rep. by its Authorised Officer
A Limited Liability Corporation
With their registered address at:
251 Little Falls Drive
Wilmington, Delaware 19808
United States of America.
5. Google Asia Pacific Pte. Ltd.
Rep. by its Authorised Officer
Unique Entity Number 200817984R
8 Marina Boulevard
#05-02, Marina Bay Financial Centre
Singapore 01891.
6. Google Payment Corp.
Rep. by its Authorised Officer
1600 Amphitheatre Parkway Mountain View
CA 94043, United States of America.
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OSA (CAD) No.50 of 2024
7. Google Payments India Private Ltd.
Rep. by its Managing Director
(CIN) U72200DL2007PTC360455
5th Floor, DLF Centre, Block 124
Narindra Place, Sansad Marg
New Delhi 110 001. .. Respondents
Prayer : Appeal under Section 13 of the Commercial Courts Act, 2015 read
with Order XXXXIII, Rule 1 of CPC read with Order XXXVI, Rule 9 of O.S.
Rules, read with Section 15 of Letters Patent against the order dated
30.04.2024 in A.No.4193 of 2023 in C.S. (Comm.Div.) No.186 of 2023.
For Appellant : Mr.Abir Roy,
for M/s.Ridhima Shankar
Mr.Aman Shankar,
Mr.Devashish Marwar
For Respondents : Mr.P.S.Raman, Senior Counsel
for M/s.Leela & Co.,
Mr.G.Balasubramanian
Mr.Vijayendra Pratapsingh
Ms.Sayobani Basu
Mr.Ankitesh Ojha
Mr.S.Anand
Mr.P.Arun Kumar
JUDGMENT
(Judgment of the Court was delivered by the Hon'ble Chief Justice) After the appeal was heard for some time, in our view, there are __________ Page 3 of 7 https://www.mhc.tn.gov.in/judis OSA (CAD) No.50 of 2024 certain factual errors in the impugned order pronounced on 30.04.2024 and it is a fit case for us to quash and set aside the impugned order dated 30.04.2024. Accordingly, the impugned order dated 30.04.2024 is quashed and set aside and the matter is remanded for de novo consideration of the application under Order VII, Rule 11 of Code of Civil Procedure, 1908.
Consequently, application of respondent for rejection of plaint under Order VII, Rule 11, CPC stands restored. So also, the injunction application of the appellant.
2. We clarify that we have not considered the merits of the matter.
3. Counsel for appellant states that the interim relief that the appellant enjoyed be restored. Shri. Raman submits that the impugned order is almost one year old and appellant has not enjoyed any interim relief.
4. It is open to appellant to apply to the learned Single Judge to restore the interim relief that he was enjoying and the learned Single Judge __________ Page 4 of 7 https://www.mhc.tn.gov.in/judis OSA (CAD) No.50 of 2024 may consider the same on merits. Again we do not express any opinion.
5. Counsel for appellant is seeking a direction to the learned Single Judge to consider the application to be filed for restoring the interim relief expeditiously. It is open to appellant to apply to the learned Single Judge for early hearing after filing such application and the learned Single Judge may give a date as per his inconvenience.
6. The appeal stands disposed of. There shall be no order as to costs.
Consequently, interim applications also stand dismissed.
(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.)
20.01.2025
Index : Yes/No
Neutral Citation : Yes/No
kpl
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https://www.mhc.tn.gov.in/judis OSA (CAD) No.50 of 2024 __________ Page 6 of 7 https://www.mhc.tn.gov.in/judis OSA (CAD) No.50 of 2024 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(kpl) OSA (CAD) No.50 of 2024 20.01.2025 __________ Page 7 of 7 https://www.mhc.tn.gov.in/judis