MOOT PROPOSITION 2

1. Dikasne and Rimona are happy to see each other in Harvard School of Business. Both are
from Indian origin. They start dating each other and find striking similarities in their likes
and dislikes. Dikasne and Rimona are hardworking, sincere and optimistic couple
attracting positivity from society. They are in completely sync and compatible to each
other.
2. Returning from Harvard they float a Company Telta which is e-platform for FMCG in
2017. Within two years of its incorporation as private having a share of 50:50. The
company goes public in 2018. Dikasne is leading the marketing, strategic and risk
management division of the company and Rimona is creative head of the enterprise.
3. On 25May 2018 both marry in a grand gala affair and their wedding reception is
witnessed by family, friends and political honchos of the country.
4. In 2018 Rimona feels that life has not been that rewarding professionally and shares this
with her sister who is a homemaker. Simona the sister of Rimona suggests her to
conceive a child and retire from company being burnt out.
5. Rimona attempts to conceive but in the process comes to know that the bad lifestyle has
taken all good from her and she is now diabetic. She has to maintain good sugar level to
survive. She develops depression and her conditions are deteriorating day by day.
6. Dikasne as usual has been very busy in keeping the company numbers and figures good
and robust so he could not fulfill his marital obligations in the process. Due this
indifference of him Rimona is helpless and hapless.
7. The Doctor suggests Dikasne to take good care of Rimona and recommend her to follow
good diet chart, regular exercise and remain stress free. Rimona is thinking all the time
about her professional and personal life and she feels that she failed as entrepreneur and
as a wife and now she cannot ever mother a child.
8. Dikasne is attracted to a girl working in his office and she works as a PR Manager in the
office and often keeps her with himself in operation and management of company and
 shares a cordial relationship with her. However, he loves his wife from the bottom of his
heart so has been shy to share his emotions with his PR Manager Vliaya. Vliaya is totally
unaware of Dikasne feelings.
9. Rimona as a wife can sense the feeling of Dikasne towards Vliaya. She has caught
Dikasne feeling in his mannerism and bahviour towards her. Rimona feels neglected and
humiliated often. The blood sugar level of Rimona keeps fluctuating and reaches to fatal
level in May 2019. Doctor recommend her to go on insulin.
10. Dikasne is busy with office so he buys Diabapen a wearing device patented in United
States and India which can automatically monitor sugar level and dispense required level
of insulin in human body. The Diabapen can be monitored through an App which is
synchronized with device and available on Google Playstore as a freeware.
11. Diabapen makes a disclaimer that Company shall not be responsible for erratic reading of
glucose and dispensation of insulin in any case. Diabapen is developed with artificial
intelligence and can update with the help of Wi-Fi active in the area. Diabapen is made
by a foreign company which has patent in United States and it is imported and assembled
by Moon Pharma in India.
12. Dikasne is well-versed with the functioning of Diabapen and has installed and activated
the Wi-Fi credentials installed in the house on the device which keeps the device update
and regularly fills the cartridges of the device.
13. On fifth January 2020 Rimona is admitted to the Hospital in bad shape and Doctors
makes every attempt to save her but she succumbs and dies in Hospital.
14. Ankur the brother of Rimona smells a rat in the process and sees that Dikasne has started
dating with Vliaya instantly after the death of her sister. He comes to know that his sister
died due to insulin overdose dispensed by Diabapen. He suspects that Dikasne has
increased the insulin dose via the app installed on his iPhone.
15. He lodges a FIR of Murder and criminal conspiracy against Dikasne and Vliaya. The
Investigating officer finds that the app updates itself and can also be manually controlled.
Certain Diabapen has been found erratic worldwide and company has rolled back certain
batches. In the trial court the court gives benefit of doubt to Dikasne and matter is
pending in appeal at the High Court.
16. Dikasne files a compensation suit against Moon Pharma for an erratic device and loss of
wife due to insulin overdose. He pleads non-guilty of murder and criminal conspiracy and
always maintains that love for Vliaya developed after the death of Rimona and it has
nothing to do with death of Rimona. Ankur challenges the decision of Trial Court in High
Court. Argue the case.