The Delhi High Court on March 27 restrained tech giant Google from removing approved advertisements of Startupwala. The court also raised concerns about the arbitral clause in Google's Advertisement Terms stating that in case of a dispute, the arbitration will be held in California.
The HC questioned Google as to how small companies that avail of its advertisement services would be able to avail of the arbitration clause if the proceedings were to take place in California
Startupwala had filed a plea against Google asking the court to restrain the tech giant from removing its advertisements arbitrarily. The Pune-based company, which utilises Google's advertisement services contended that it had to mandatorily accept the tech giant's terms and conditions.
The company claimed that they were not able to get any response from Google as to why they were disapproved and only got automated responses. So, the company, intending to initiate arbitral proceedings filed a plea under Section 9 of the arbitration act seeking protection from their ads being arbitrarily taken down.
Google's lawyer contended that as per their policy, documents such as certificates for incorporation and taxation compliances are issued by the government since the company's ads claimed to be getting them on behalf of the company, they were disapproved
Startupwala was represented by lawyer Devashish Marwah and law firms Sarvada Legal and the guild.