The Karnataka High Court.
Credit: DH File Photo
The High Court of Karnataka on Tuesday modified the civil court’s order with regard to tweets by Dr Cyriac Abby Philips, also known as the 'Liver Doctor'.
Justice SG Pandit recorded that the petitioner, Dr Philips, has given an undertaking to take steps to hide the offending tweets in reference to the plaintiff, Himalaya Wellness Company and its products.
On September 23, 2023, the civil court passed an ex parte interim injunction directing X Corp (formerly Twitter) to suspend/block the social media handle of Dr Philips until further orders. The civil court passed this order in a suit filed by Himalaya Wellness Company.
In the petition before the high court, the counsel for Dr Phillips submitted that the entire social media handle couldn't have been ordered to be blocked through a blanket order, when only nine out of the 43,000 tweets posted by the petitioner were against the plaintiff company and its products.
The counsel further stated that the order under challenge was not only disproportionate, but also draconian in nature.
On the other hand, the counsel for Himalaya Wellness Company argued that courts have passed such orders in similar circumstances and said that there are at least 25 to 30 tweets by the petitioner, which directly affected the plaintiff company.
After the petitioner undertook to hide tweets in reference to the plaintiff company and its products, Justice Pandit modified the civil court order and said that the modification was without prejudice to the rights and contentions. The court also adjourned the hearing until the second week of November.
Rs 10 cr in damages
Himalaya had sought Rs 10 crore in damages from the 'Liver Doctor ' in the suit filed before the civil court.
It alleged that Dr Philips had been posting derogatory statements and materials against the products of the company and due to these posts, the business of the plaintiff company had substantially reduced.
The company had also stated that such posts were nothing but cut-throat competition with the products of the plaintiff company with the sole intention of pushing the products of Cipla and Alchem.