The HC extended its interim order, till the lower court disposed of the applications filed by Himalaya, and disposed of his petition.
Published Nov 08, 2023 | 9:26 PM ⚊ Updated Nov 08, 2023 | 9:26 PM
Dr Cyriac Abbey Philips. (South First)
The High Court of Karnataka on Wednesday, 8 October, disposed of a petition filed by Kerala-based hepatologist Dr Cyriac Abby Philips, in which he challenged a lower court order that prevented him from accessing his X handle, “TheLiverDoc” (@theliverdr).
Dr Philips had challenged the lower court order that prevented him from accessing his X (previously Twitter) account, claiming it was disproportionate and draconian.
The high court extended the interim order it had granted on 10 October, till the Principal City Civil and Sessions Court heard the applications filed by Himalaya Wellness Company, and disposed of his petition.
The social media platform suspended Dr Philips’s account following the Bengaluru court order on 28 September, prompted by a defamation lawsuit filed by the pharmaceutical and wellness company.
At the time, the court ruled that the account was to remain suspended until 5 January, 2024.
While pronouncing his order, Justice Shankar Ganapathi Pandit of the Karnataka High Court directed that Dr Philips’s contentious tweets against Himalaya be temporarily hidden.
“Dr Phillips undertakes to hide offending tweets so far as it relates to plaintiff (Himalaya Wellness) and its products. Order on IA 2 (to suspend the account) is modified to that extent,” the court said, as reported by Bar and Bench.
The case is scheduled to be revisited during the second week of November.
Philips said that he was unaware of the case until his account was suspended.
“I did not know any of this was happening until X suspended my account. I never knew that this was in the court and there was a hearing going on. It was all done behind my back,” he had told South First earlier.
He said that he would challenge the order. “I’m going to appeal at the higher court. My lawyers are looking at it,” he said.
The hepatologist said that Himalaya’s argument, that he had been making statements to promote the products of firms like Cipla and Alchem, was false. “I have never done it. There is evidence,” he stated.
“All my posts are completely backed by scientific research and scientific evidence, and based on the lack of scientific evidence for their products and practice,” he added.
On 7 October, Dr Philips moved the Karnataka High Court for the modification of the order.
Himalaya’s counsel Udaya Holla told the court that Dr Phillips was posting derogatory statements and materials against the products of the company, which affected the firm’s business.
The lawyer argued that the hepatologist’s statements and materials posted on X were false and unjustified.
He further submitted that the doctor made such posts to promote the products of two other pharmaceutical firms: Cipla and Alchem.
“There is a need to issue an ad-interim ex parte injunction directing the party who is posting such materials to remove them at the earliest so as to minimise the damage caused to the person who is affected by such postings in any manner like loss of reputation, loss of income in monetary terms and disservice to the consumers who are benefited by the products like Liv-52,” the advocate said.
The lower court, on 24 September, said that the warranted notices should be issued to the defendants. “The urgency made out by the plaintiff company shows that an immediate order has to be passed before issuing notice against the defendants,” the court said while passing the injunction order.
(With PTI inputs)
