Madras High Court Restrains Google From Delisting Bharat Matrimony App From Play Store Over Failure To Accept New Payment Policy

The Madras High Court has temporarily restrained Google from delisting the mobile applications of Matrimony.com Ltd, the parent company of Bharath Matrimony from its Google Play Store.

Justice S Sounthar has passed the interim order in a suit filed by Matrimony.com challenging the new payment policy of Google. Matrimony.Com had sought an injunction restraining Alphabet Inc and other subsidiaries of Google from removing/delisting its matchmaking app from the Google Play Store for its refusal to accept Google's new payment policy. Finding a balance of convenience in favor of Matrimony.com, the court has granted the interim order till June 1.

Accordingly, there shall be an order of interim injunction restraining the respondents /defendants from removing/delisting the mobile applications (mobile apps) owned and operated by the applicant in Google Play Store in India till 01.06.2023.

In its application, Matrimony.com submitted that it had entered into a Developer Distribution Agreement with Google Asia Pacific for listing its app in the Google Play Store. In 2020, the respondents made the use of Google Play Billing System "GPBS" mandatory and exclusive for processing payments for downloading paid apps and In-App Purchases, the court was told. 

The court was also informed that the Competition Commission of India (CCI) by its order dated October 25, 2022, had directed Google not to restrict the app developers from using any third-party billing/payment processing services. It was submitted that even after this order, Google in an attempt to circumvent the order, permitted the app developers to use “Alternative Billing System/User Choice Billing” alongside and in addition to the GPBS.

Matrimony.com argued that Google has been trying to take advantage of its monopoly in the Android platform and was compelling app developers to agree to their payment policy by charging service fees at the rate of 11% and 26% in respect of payments made through the Alternate Billing System. 

It was also submitted that if any company fails to agree to the new payment policy, their apps are being delisted from the Play Store. Fearing that its matchmaking application would also be delisted from the Google Play Store, Matrimony.com approached the court.

Case Title: Matrimony.Com Ltd v Alphabet Inc and others

Citation: 2023 LiveLaw (Mad) 128

Case No:OA No 366 of 2023 in CS (Comm Div) No. 98 of 2022