Madras High CourtOSA(CAD)/89/2024dismissed as withdrawal

Novi Digital Entertainment Pvt. Ltd. v. Google India Digital Service Pvt Ltd

2025-02-17Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ OSA(CAD) Nos. 89 of 2024 and CMP Nos.16446, 16447 and 16450 of 2024 Novi Digital Entertainment Pvt. Ltd., (Now merged with Star India Pvt. Ltd.) Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013.

.. Appellant Vs

1. Google India Digital Services Pvt. Ltd., 5th Floor, DLF Centre, Block 123 Narindra Place, Sansad Marg, New Delhi 110 001.

2. Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America.

3. Google Asia Pacific Pte Ltd., Mapletree Business City II, 70, Pasir Panjang Road, #03-71, Singapore 117371.

4. Google Payment Corp., Wholly owned subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America.

.. Respondents Prayer: Appeal filed under Section 13(1A) of the Commercial Courts Act, 2015, read with Clause 15 of the Letters Patent against the Judgment dated 30.04.2024 delivered in A.No.4191 of 2023 in CS (Comm Div) 183 of 2023 on the file of original side of this Court.

For Appellants:

Mr.Rahul Balaji For Respondent(s):

Mr.P.S.Raman Senior Counsel for Mr.G.Balasubramanian & Mr.S.Anand for M/s.Leela & Co. for RR 1 to 3 * * * * *

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) The matter is mentioned out of turn.

2. Mr.Rahul Balaji seeks leave to withdraw the appeal with liberty to file a fresh suit, should the SLP pending in the Apex Court goes in favour of the petitioners in the SLP.

3. Sri.Raman has no objection for the liberty being granted. Accordingly, appeal is dismissed as withdrawn, with the liberty as prayed for. All rights and contentions are kept open. There shall be no order as to costs. Consequently, the interim applications are closed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 17.02.2025 sra To The Section Officer, VR Section, Original Section, Madras High Court, Chennai.

The Hon'ble Chief Justice and Mohammed Shaffiq, J.

(sra) O.S.A. (CAD) No.89 of 2024 17.02.2025