April 25, 2023

To,
The Hon’ble Chairperson (through the Registrar),
National Company Law Appellate Tribunal
2nd & 3rd Floor, M.T.N.L. Building,
9, CGO Complex, Lodhi Road
New Delhi – 110003

Ref: Competition Appeal (AT) No. 1 of 2023

Subject: Application requesting release of fixed deposit of sum of INR 1,33,77,60,000

(Rupees one hundred thirty-three crore, seventy-seven lakh and sixty thousand only).

Respected Sir,

We write on behalf of Google LLC and Google India Private Limited, the Appellants in
Competition Appeal (AT) No. 1 of 2023 (“Appeal”). Google LLC which is referred to as
“Google” in this letter, filed the appeal on behalf of both Google LLC and Google India Private
Limited.

The Appeal was filed against the Competition Commission of India's ("CCI") order dated 20
October 2022 in Case No. 39 of 2018 through which it also imposed a monetary penalty on
Google.

The Hon'ble National Company Law Appellate Tribunal ("Tribunal") through its order dated 4
January 2023 ("4 January Order") admitted the Appeal and directed Google to deposit 10% of
the penalty, in form of a fixed deposit in the name of the Registrar NCLAT. The 4 January Order
is annexed as Annexure A. Google appealed the 4 January Order before the Hon'ble Supreme
Court which disposed of the appeal through its order dated 19 January 2023 without interfering
with the direction regarding depositing 10% of penalty amount in a fixed deposit. Hon'ble
Supreme Court's order dated 19 January 2023 is annexed as Annexure B.

Accordingly, in compliance with the 4 January Order, Google deposited a sum of INR
1,33,77,60,000 (Rupees one hundred thirty three crore, seventy seven lakh and sixty thousand
only) in a fixed deposit account bearing No. D07TDTP230180003 with Citibank N.A in favour
of 'Registrar, National Company Law Appellate Tribunal - A/c Google LLC' (“Fixed Deposit”).
The proof of filing the Fixed Deposit with the Hon'ble Tribunal is annexed as Annexure C.

The Hon’ble Tribunal through its judgment dated 29 March 2023 (“Judgment”) has upheld the
penalty amount imposed by the CCI and directed Google to deposit the penalty after adjusting
the 10% of penalty amount that was already deposited. The relevant extract of the Judgment is
annexed as Annexure D.

Regulation 3(3) of the Competition Commission of India (Manner of Recovery of Monetary

Penalty) Regulations, 2011 read with Section 39(1) of the Competition Act, 2002 requires
penalties imposed by the CCI to be deposited in favour of “Pay & Accounts Officer (PAO),
Ministry of Corporate Affairs, Head No. 1475.00.105.05, Sub-Head-05 – ‘Penalties imposed by
Competition Commission of India”, which is ultimately credited to the Consolidated Fund of
India as per Section 47 of the Competition Act, 2002.

Google humbly requests the Hon'ble Tribunal to release the Fixed Deposit so that it can adjust
(as mentioned in the Judgment) the amount as it takes steps to pay the penalty.
A copy of Vakalatnama originally filed with the Hon’ble Tribunal along with the Appeal on 20
December 2022 as well as the copies of valid identity proofs of the signatories are annexed as
Annexures E and F (Colly.), respectively.

This application is filed without prejudice to Google's rights under law.

Thanking you,

Yours sincerely,

Hemangini Dadwal /Toshit Shandilya Ravisekhar Nair /Parthsarathi Jha

AZB & Partners Economic Laws Practice

AZB House 801A Konnectus Towers
Plot No. A8, Sector 4 Bhavbhuti Marg
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