9th Intra- College Moot Proposition

1. Big Eyes is a highly acclaimed television series that has kept the audiences
glued to the television sets for almost a decade. The reality game show is
immensely popular owing to its unique format and captivating concept.
The show enjoys a massive TRP and is easily one of the top watched
television shows of the country.

2. M/s Tony Telefilms Private Limited was the producer of the television show
Big Eyes and has been credited with the huge success of the television series.

3. Ms Rashmika is an upcoming model and actress who is yet to make her

debut in the film industry. She is quite popular on online platform owing
to her viral videos and instagram reels. She has been approached by few
production houses for signing her for a feature film. However, she has been
keen on a right script so that she can make her mark in the film industry in
a grand manner.

4. Mr. Raja is a legendary director who is credited with some massive

blockbuster hits. He is known for his magnum opus vision and ‘larger than
life’ movies that have enjoyed tremendous box office success. Mr Raja has
been working on a film project about a 16th century warrior princess which
was touted to be an action packed huge budget movie.
5. For the tenth season of Big Eyes, Ms Rashmika was approached by M/s
Tony Telefilms Private Limited to participate in the show. Though Ms
Rashmika was initially reluctant, she was informed by the representatives
of M/s Tony Telefilms Private Limited that considering the huge popularity
of the show, her participation will only increase her visibility in the film
industry and increase her chances of her securing a good debut in the film
industry.

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6. Ms Rashmika was quite sceptical about her participation primarily because
of the time frame of the show which required a time commitment of three
months. However, upon cajoling Ms Rashmika reluctantly agreed to be a
part of the show.

7. The first episode of the show was an instant hit. The audience seemed to
love the participants and the enthralling nature of the contest. Few weeks
into the show, the popularity of Ms Rashmika sky rocketed. She came into
the radar of Mr. Raja who visualised that she would be perfect for the role
of the lead heroine in his next project.

8. Mr. Raja tweeted his thoughts on casting Ms. Rashmika in his next project
and how she would be apt for the role. The news created a buzz in the film
industry and got the media exited. It would be a very interesting project
given the history of hits of Mr Raja and the potential of Ms. Rashmika.

9. For the new years’ eve celebration, the contestants of Big Eyes were
assigned a unique task. They were to have a bon fire party in the midst of a
dense and cook their own food in the camp set up for them. The event was
to be telecast live and was touted to be a one of a kind New Year celebration.

10. On 31.12.2021 during the task, Ms. Rashmika suffered a nasty fall in the
forest. Owing to the remote location of the shoot, it took the production
team almost 18 hours to get her to a good medical care facility.

11. Upon diagnosis, the doctors opined that while the injury itself was simple,
owing to the improper method of transportation of the patient from the
location to the hospital, the injury has aggravated resulting in a spinal
compression fracture. She was advised a complete bed rest of 3 months.

12. Ms. Rashmika was completely distraught. She blamed M/s Tony Television
Private Limited entirely for the mishap, lack of medical care and delay in
the delay in transportation to the hospital.

13. In a spite of anger she posted a picture of her in the emergency ward and
tweeted “Tony and its people are a bunch of blood sucking parasites who
have no humanity in them. They are worse that leeches... scum of the earth!
God save us from such greedy opportunists who only value money above
all human emotions”.
14. The tweet garnered massive sympathy and was re-tweeted 7 million times.
The share price of Tony fell by almost 17% and the TRP’s of the show too

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 dropped drastically. In light of the negative publicity, two sponsors of Big
Eyes too backed out of the project.

15. Ms. Rashmika was completely distraught when she learned that Mr Raja
has decided to proceed with another actress owing to her non availability
for the next three months. She was devastated and blamed Tony for her
situation.

16. Being aggrieved she instituted a suit for negligence against Tony wherein
she has sought a sum of Rs. 10 crores as damages for the physical pain,
mental trauma, loss of opportunity and income on account of the negligence
of Tony in the capacity of the producers of the show Big Eyes.

17. Upon the suit summons being served, Tony has filed a counter claim
seeking for retraction of her libellous tweet, injunction from slandering the
company and a monetary compensation of Rs. 50 crores towards loss of
business on account of the defamatory statements made by her.

18. The Hon’ble District court has been pleased to frame the following issues
for the Plaintiff:
a. Whether the Plaintiff proves that the mishap on the night of
31.12.2021 was on account of the negligence of the Defendant?

b. Whether the Plaintiff proves that there was negligence on the part
of Defendant resulting in the delay in admitting the Plaintiff to the
hospital?

c. Whether the Plaintiff proves that the damages suffered by her were
foreseeable in nature?

d. Whether Plaintiff proves that she has suffered damages to the tune
of Rs. 10 crores as sought for in the Plaint?

19. The Hon’ble District court has been pleased to frame the following issues
for the Defendant:

a. Whether the Defendant proves that the tweet on 01.01.2022 was

libellous in nature?

b. Whether the Defendant proves that the statements are false and
have inaccurate insinuations?

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 c. Whether the Defendant proves that it has suffered damages on
account of the tweet of the Plaintiffs?

d. Whether the Defendant is entitled to damages of Rs. 50 crores.

The case is set for final hearing. Parties are at liberty to raise additional issued.