Karnataka High Court: While considering the instant petition filed by Dr Cyriac Abby Philips, whose social media profile “The Liver Doc” was suspended by X Corp (formerly Twitter) following an order passed by the Sessions Judge on 23-09-2023; the Bench of S.G Pandit, J., modified the impugned order and allowed the petitioner to access his account after an undertaking was given that the petitioner would temporarily hide the alleged defamatory posts against Himalaya Wellness till the case is pending in the courts.
Background: Himalaya Wellness had contended before the Trial Court that the petitioner posted derogatory statements and materials against the products of their company on his X account and that his act had negatively impacted their business, which had substantially reduced. It was further stated that the said statements and materials posted by the petitioner are per-se false and that he 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 and issued ad-interim ex-parte mandatory injunction, directing X Corp to suspend/block the social media account of the petitioner.
Source- Scroll.in
[Cyriac Abby Philips v. Himalaya Wellness Company, WP 22716/2023, decided on 10-10-2023]
Order by Justice S.G. Pandit
Advocates who appeared in this case :
Appearing for the petitioner- Vikram Unni Rajagopal
Appearing for Respondent- Vivek Holla, Senior Advocate
