WinZo, a social gaming platform, recently approached the Delhi High Court, requesting that Google consider adding a number of its games to the Google Play Store.
The gaming app has also requested a declaration that the games it offers are skill-based and in accordance with Indian laws.
This declaration entitles Winzo to seek the availability of its platform and games on Google Play, which Google is currently unfairly denying.
“…in the absence of a specific order from the Hon’ble Court in the context of the games of skill hosted by the Plaintiff, Defendants are unfairly refusing to allow the Plaintiff’s application that hosts games of skill, to be listed / made available on Google Play, leading to impairment of Plaintiff’s ability to reach a major portion of its intended/ target audience,” WinZo claimed.
Appearing for WinZo, Advocate Abhishek Malhotra contended that Winzo’s games had been tested from the standpoint of preponderance of skill by an independent expert, Dr Neelesh S Upadhye, an Associate Professor at the Indian Institute of Technology, Madras.
Senior Advocate Sajan Poovayya, representing Google, contended that while Google has begun a pilot program with two games, it has never stated that it will allow all skill games on the Play Store.
He claimed that on April 6, 2023, the Union Ministry of Electronics and Information and Technology (MEITY) issued a notification amending the Information Technology (IT) Rules, through which a certificate determining whether a game is one of skill or chance could be obtained.
Advocate Poovayya further submitted that even if the games are certified as a skill game, Google is not required to include them on its platform.
Advocate Malhotra responded that WinZo filed its suit before the MEITY amended the IT Rules, and that he will now take instructions on the matter.
The bench then scheduled the case for further hearing on April 24.
