The Karnataka High Court today modified a trial court order suspending the account of Dr Cyriac Abby Philips who operates the widely popular X handle ‘@theliverdr’.
Justice SG Pandit paved way for Dr Philips to access his account after he undertook to hide the alleged defamatory tweets against Himalaya Wellness Corporation and its products.
Himalaya had contended that Dr. Philips has been posting derogatory statements against the products of the company due to which it has lost substantial business. The doctor’s counsel Senior Advocate Aditya Sondhi clarified that the undertaking is without prejudice to his contentions. “This Liv52 product is banned in US,” he said.
Dr Philips moved the High Court against Civil Court’s ex-parte interim injunction order to suspend his @X account @theliverdr. The order was passed in a defamation suit filed by Himalaya. Civil court had also restrained him from tweeting or publishing any defamatory remarks against the Himalaya Wellness Corporation.
“This amount of disproportionate order could not have been passed by the trial court. Could my entire account be suspended?” Sondhi submitted today.
The company claims that the statements made by Dr. Philips is false and unjustified. The company also claims that the intention of the statements of Dr. Philips is to push the products of other companies like Cipla and Alchem. Senior Advocate Uday Holla appeared for it.
Court indicated that it will grant interim relief if the user undertook to remove all derogatory tweets. As Sondhi agreed, Court ordered,
“Petitioner undertakes to hide the offending tweets so far as respondent 1/plaintiff (Himalaya) and its products. The said undertaking is placed on record. [Trial court] Order to that extent is modified.” The matter is now listed on November 2. Meanwhile, Court has also issued notice to X Corp.