Delhi High Court
Zydus Wellness Products Ltd vs Revant Himatsingka & Ors. on 26 May, 2023
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 324/2023
ZYDUS WELLNESS PRODUCTS LTD ..... Plaintiff
Through: Mr. Sagar Chandra, Ms.
Shubhie Wahi and Ms. Ankita Seth, Advs.
versus
REVANT HIMATSINGKA & ORS. ..... Defendants
Through: Mr. Nakul Gandhi and Ms.
Eshna Kumar, Advs. for Defendant 1
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 26.05.2023
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.
Signature Not Verified The plaintiff has accordingly impleaded Meta Platforms, Inc.
Signed By:KAMLA
Signing Date:29.05.2023
14:00:07
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 stated to have
been filed by the plaintiff. It is not on record. However, the Court is
treating Defendant 3 as X Corp., 8th Floor, The Estate, 121 Dickenson
Road, Bangalore, Karnataka- 560 042.
3. This Court is spared the exercise of adjudicating of whether the
impugned video is, or is not, disparaging of GLUCON-D, as the
defendants have, upfront, come up with an undertaking, by way of an
affidavit dated 24th May 2023, which may be reproduced thus:
"AFFIDAVIT
I, Revant Himatsingka, son of Mr. Rajiv Himatsingka, aged about
31 years, R/o Mandeville Gardens, Rajiv Apartments, flat 18, 9th
Floor, Kolkata-700019, the deponent above named, do hereby
solemnly affirm and declare as under:
1. I am the Defendant No. 1 in the captioned suit. I
am filing this affidavit pursuant to the order dated 19.05.
2023 passed by this Hon'ble Court.
2. The present suit is filed on behalf of Zydus
Wellness Products Limited ("Plaintiff') against me,
Defendant No. 2 and Defendant No.3, alleging inter alia
disparagement and defamation of Plaintiff's product
Glucon-D in respect of the video uploaded on my
Instagram and Twitter accounts.
3. I state that my 'GLUCON-D' video is meant to
only be an informative video/content, bringing awareness
to consumers about food products. Nonetheless, as a good
faith gesture and to avoid any protracted dispute, I had
taken down my video pertaining to 'GLUCON-D' from my
Signature Not Verified
Signed By:KAMLA
Signing Date:29.05.2023
14:00:07
Instagram and Twitter accounts. on 18.05.2023.
4. Moreover, in order to conclude the present dispute,
I state that I shall not make any more content which refers
to or discusses any product of the Plaintiff including
'GLUCON-D'. I further state that I will not bring any
further attention to this matter, either by posting any
content on my social media platforms or engaging in any
interviews, with members of the press/media, about
Plaintiff's notice or the suit filed against me by Plaintiff.
5. I state that I deny all claims and allegations put
forth against me or my video in the Plaintiffs notice and/or
the suit filed against me by the Plaintiff and the present
affidavit in no manner be read to be an admission of
guilt/liability.
6. I state that in terms of the above I had sent an
email dated 18.05.2023 to the counsel for the Plaintiff. A
copy of email 18.05.2023 is annexed herewith and marked
as Document-1.
I State that this affidavit is to bring a quietus to the present
dispute."
4. In view of the aforenoted undertaking given by the defendant,
Mr. Sagar Chandra submits that his client is not interested in pursuing
his claim for costs and damages.
5. However, Mr. Sagar Chandra submits that directions may be
issued to Defendants 2 and 3 not only to take down the impugned
videos from their respective platforms but also, in the event the
impugned video is again posted or circulated on their platforms by any
third party, to take down the said videos as well, on information in
that regard being provided to them by the plaintiff, without the
plaintiff having to re-approach the Court for the said purpose.
Signature Not Verified Accordingly, Defendants 2 and 3 are directed not only to take
Signed By:KAMLA
Signing Date:29.05.2023
14:00:07
down the impugned video from their respective platforms but also, in
the event the said video is reposted or circulated on either of their
platforms, to take down the video on information in that regard being
provided to them by the plaintiff, without the plaintiff having to re-
approach this Court for the said purpose.
7. Nothing further survives for adjudication in the present case.
8. Accordingly, the suit stands decreed in terms of the undertaking
given by the defendants today, as reproduced hereinabove, vide
affidavit dated 24th May 2023 and additional directions issued to
Defendants 2 and 3, as noted hereinabove.
9. Let a decree-sheet be drawn up accordingly.
10. Miscellaneous applications do not survive for consideration and
stand disposed of.
C.HARI SHANKAR, J
MAY 26, 2023
rb
Signature Not Verified
Signed By:KAMLA
Signing Date:29.05.2023
14:00:07
