City Civil and Sessions Court, Bengaluru: In a case filed by Himalaya Wellness (plaintiff) against the defendant who operates a popular social media handle on X (formerly Twitter) namely “The Liver Doctor@theliverdr”, the Sessions Judge in an ad-interim exparte mandatory injunction, directed X Corp to suspend/block the social media account of the defendant.
Himalaya Wellness contended that the defendant’s posted derogatory statements and materials against the products of the plaintiff company on his X account and the said act of the defendant has negatively impacted the business of the plaintiff company, which has substantially reduced.
The plaintiff further stated that the said statements and materials posted by the defendant on X are per-se false and not justified one. It was argued that the defendant committed this act with sole intention to push and promote the products of the Cipla and Alchem.
Taking note of the contentions and precedents presented by the plaintiff, the Sessions Judge was of the view that the case requires passing of an ad-interim order. Thus, the Court issued ad-interim exparte temporary injunction order restraining the Defendant from tweeting, making or publishing, re-tweeting and republishing defamatory remarks against the plaintiff company and / or the products of the plaintiff company till next date of hearing which has been set on 05-01-2024.
[Himalaya Wellness Company v. Cyriac Abby Phillips, 2023 SCC OnLine Dis Crt (Kar) 1, decided on 23-09-2023]
Advocates who appeared in this case :
Appearing for Himalaya Wellness- Udaya Holla, Senior Advocate
