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C. HARI SHANKAR
Zydus Wellness Products Ltd. – Appellant
Versus
Revant Himatsingka – Respondent
JUDGMENT (Oral)
C.HARI SHANKAR, J.
CS(COMM) 324/2023, I.A. 9832/2023(Order XXXIX Rules 1 and 2 of the CPC), I.A. 9833/2023 (Order XI Rule 1(4) of the CPC), I.A. 9834/2023 (Section 151 of the CPC), I.A. 9835/2023 (Section 151 of the CPC) and I.A. 9836/2023 (Section 151 of the CPC)
1. The grievance of the plaintiff in the present plaint stems from two videos, which were uploaded by Defendant 1 on his Instagram profile (@FoodPharmer) and Twitter handle (@TheFoodPharmer). The URLs at which the impugned videos can be accessed, as provided in para 15 of the plaint are https://www.instagram.com/p/CsIsaDMrMq6/ and https://twitter.com/thefoodpharmer/status/165737013503080448. According to the plaintiff, the impugned video disparages GLUCON- D, a product of the plaintiff.
2. The plaintiff has accordingly impleaded Meta Platforms, Inc. and Twitter, Inc., which were managing and maintaining the Instagram and Twitter platforms, as Defendants 2 and 3. As Twitter Inc. has been taken over by X Corp. at the same address from which Twitter was operating, an amended memo of parties, in which Defendant 3 is shown as X Corp., 8th Floor, The Estate, 121 Dickenson Road, Bangalore, Karnataka- 560 042, is
The court's decision was influenced by the provisions of the CPC related to interim orders, affidavits, and inherent powers of the court.
The deliberate attempt to defame and disparage Plaintiff's goods, trademark infringement, and copyright infringement were key legal principles established in the judgment.
The court affirmed the right to privacy in personal spaces, ruling unauthorized recordings violate this right, even for public figures, while also addressing the complexities of defamation in social ....
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