Kerala-based hepatologist Cyriac Abby Philips on Tuesday gave an undertaking to the High Court of Karnataka that he would hide all his alleged defamatory posts on his X account against Bengaluru-based Himalaya Wellness Company and its ayurvedic products through his social media posts.
Following this undertaking, the High Court enabled Dr. Philips, popularly known as ‘Liver doctor’ to access his account @theliverdr on X by modifying the Bengaluru City Civil Court’s direction issued to X Corp to completely block his account till January 4, 2024, the next date of hearing on the suit filed by Himalaya against him.
Justice S.G. Pandit passed the interim order on a petition filed by Dr. Philips challenging the ex-parte interim order passed by the civil court on September 23.
₹10 crore damages
Besides seeking permanent injunction against Dr. Philips from making any further defamatory remarks and posts, Himalaya has also sought ₹10 crore as damages from him for making defamatory posts.
During the hearing, it it was informed to the High Court that Dr. Philips would hide his objectionable tweets without prejudice to his rights and contentions made in the petition.
Dr. Philips, in his petition before the High Court, had contended the civil court’s order for blocking his micro blogging account was disproportionate as he had posted only nine objectionable posts related to Himalaya of the total around 43,000 posts made through his X account.
However, the advocate for Himalaya pointed out that civil courts have earlier too ordered for blocking of account in cases of defamatory posts and there around 25-30 posts by Dr. Abby on his X account that directly affects the company.
‘Per se false’
Himalaya, had contended in the suit that the posting of derogatory statements and materials against its products by Dr. Philips had impacted the business of the company which had substantially reduced, while also alleging that the statements and materials posted on X by Dr. Philips are “per se false and not justified.”
It was also contended before the court by Himalaya that the practice of Dr. Philips in making publications on social media posts against the products of Himalaya was with a sole intention to push the products of two major allopathic drug manufacturing pharmaceutical companies.
