Bengaluru: The Karnataka High Court on Tuesday modified a trial court order suspending the account of Dr Cyriac Abby Philips who operates the widely popular X handle '@theliverdr'.
Justice S G Pandit paved the 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 the US," he said.
Dr Philips moved the High Court against the 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. The 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.
The company claims that the statements made by Dr Philips are 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.
The court indicated that it would grant interim relief if the user undertook to remove all derogatory tweets.
(With LiveLaw inputs.)