UPES SCHOOL OF LAW, MOOT COURT ASSOCIATION

VII NOVICE MOOT COURT COMPETITION, 2020

MOOT PROPOSITION

IN THE CASE OF:

JAKE PERALTA V. MS. PHOEBE AND OTHERS

1. Jake Peralta was the founder CEO of Bloomingdale. What began as a small start-up
with a couple of college friends, barely six years ago, is now one of the top brands in
the food market that provides premium quality of edible refined vegetable oil. The
exponential growth of Bloomingdale toa large extent was attributable to the hard
work, perseverance and brilliance of Jake Peralta, looking at the growth of the
company on 2.11.2020 government successfully bought 51% shares of the company
and hence got full financial control over the company.

2. Koguru Pvt. Ltd, a giant conglomerate of food sector companies having its head
office in the NCT of Delhi has been negotiating to buy the remaining shares of
Bloomingdale for several weeks now. If the acquisition were to go through, it would
be the turning point of Jake’s life. At the age of 30 years, he would become India’s
youngest billionaire.

3. The due diligence of Bloomingdale having been completed, the director of Koguru
Pvt. Ltd. was meeting Jake and his team on 24.11.2020 for finalizing the deal. It was
undoubtedly the most important meeting of Jake’s life and he didn’t want it to get
ruined at any cost.

4. Rejoice TV is an autonomous public service broadcaster founded by the Government

of India, owned by Broadcasting Ministry of India. On 23.12.2020, Rejoice TV aired
an interview of Miss Phoebe were in she levelled various allegations against Jake. She
said, “The MeToo movement would be a farce unless men like Jake who have stalked

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and harassed women continue to enjoy impunity and are not made to feel remorse
about their actions.”

5. Based on these statements, the news anchor of Rejoice TV- Mr. Mycroft carried out a
1 hour story on prime time. In the first segment, RejoiceTV called for viewers to vote
on “Whether Jake should be allowed to get away with harassing women?” The TV
channel also started a twitter campaign with the #JakeTheDistort. In the next
segment, a debate was telecast on how companies need to strengthen their policies
and refuse to collaborate with people who were accused of harassment in the ‘MeToo’
movement unless they prove their innocence.

6. In light of the developments, Koguru Pvt. Ltd. informed Jake that they did not want to
be seen as a company that does business with anyone who is in the middle of a media
trial as the public relations would be a nightmare. The deal was called off. Owing to
the allegations the government sacked Jake Peralta from the company.

7. AntagonizedJake filed a civil suit for defamation, character assassination and

damagesbefore the Delhi High Court arraying Phoebe as the First Defendant, Mr.
Mycroft as the Second Defendant and Rejoice TV as the Third Defendant. He
contended that the accusations of Phoebe and the television program by Mr. Mycroft
have caused irreparable damage to his reputation. Further Rejoice TV is vicariously
liable for the actions of Mr.Mycroft. Jake sought for a public apology by all the
Defendants to be aired on Rejoice TV along with monetary damages to the tune of Rs.
3 Crores.

8. Upon the receipt of the suit summons, Phoebe and the other Defendants have filed
their Written Statement. While Phoebe claimed that truth is her sole defense, the
Second Defendant claimed for immunity under the freedom of press, speech and
expression. It was further asserted that there was no factual error in the news program
that was telecast on 23.12.2020. If Jake is innocent as he claims, he ought to prove his
innocence for the requirement is to believe the victim unless proven otherwise. The
Third Defendant has also denied any liability on their part as Mr. Mycroft was hired
on a contractual basis.

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9. It was the summer of 2014, Phoebe had just graduated from college and just like all
her friends, and getting placed in a company was on the top of her priority. Though
she had applied at several places, she desperately wanted to join Conan Enterprises. It
was well known that a stint in one of the most prestigious companies such as Conan
Enterprises worked wonders for the career graph of a fresher.

10. Conan Enterprises was one of the leading wealth management companies in the
country. The securities and investments division was headed by Jake who had made a
remarkable name for himself in the organization. While Phoebe’s academic record
was not as impressive as many other applicants, she fared quite well in the interview
taken by Jake and joined the organization on 01.09.2014

11. Looking atJake’s success Phoebe became quite jealous of him and was always
looking for an opportunity to sabotage his performance and image. As Jake worked
extensively with his team for long hours, he grew quite fond of Phoebe who was
indeed very good looking and soon his fondness became an obsession.

12. At the New Year’s Eve, Jake Proposed Phoebe. Phoebe was petrified. She did not
know how to respond. While assimilating all that was happening around her, she
spoke to Jake and told him that she did not feel that way about him. She clarified that
she did not have any romantic thoughts or feelings for him.

13. Jake was dejected. He tried to persuade Phoebe who was just avoiding Jake under one
pretext or the other. Jake was getting restless as he thought that he had messed up his
friendship and relationship with Phoebe. Considering the awkward situation, Jake
thought it would be best if he and Phoebe did not work in the same department. The
next day Phoebe received a mail from the HR of Conan Enterprises informing her that
she is no longer with the securities and investment team of Conan Enterprises and that
she will be reporting to the marketing team henceforth.

14. Phoebe was furious, she felt that she is being punished for refusing to date Jake and
argued that if anybody has to be transferred, it is Jake. The management did not budge
considering the fact Conan Enterprises needed Jake in the securities and investment
division more than Phoebe who had been with them for barely a few months. Phoebe
escalated the issue by filing a complaint against Jake alleging him for detrimental

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treatment at her workplace to her disadvantage for having refused the advances of
Jake under the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013.

15. In terms of this Act, an Internal Complaints Committee was set up. Jake was shocked
at the accusations and allegations levelled against him. He was at a loss of words at
this move by Phoebe. With a view not to precipitate the matter and to have a closure
on the issue, Jake tendered his resignation to the company and founded the
Bloomingdale.

16. After working for a couple of months at the marketing division of Conan Enterprises,
seeking no growth in the near future, Phoebe left the organization. She then applied at
several places seeking for employment in her desired field of securities and
investment. However, in light of what transpired at Conan Enterprises not many
companies were keen on having her on board. They feared that any negative feedback
about her work during her employment or any criticism of work would invite
allegations of sexual harassment.

17. Phoebe could not understand where she had erred. She could not find a suitable job
elsewhere and could not stop blaming Jake for ruining her career. Several years later,
when the Me Too movement started, Phoebe found it fit to raise her voice and speak
up.

18. The matter is listed before a three Judge bench of Delhi High Court.

The participants are requested to formulate arguments for the following issues from both
sides:

I. Whether the civil suit filed by Jake Peralta at the Delhi High Court is

maintainable?

II. Whether Rejoice TV is vicariously liable for the acts of Mycroft? And whether

the interview aired and campaign started by Rejoice TV amounted to

defamation of Jake?

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III. Whether the act of the first and second defendant amounted to defamation of

Jake?

IV. Whether Jake is entitled to damages?

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