The Delhi High Court on Thursday declined to order an immediate takedown of the song “Rang De Lal – Oye Oye” from the film Dhurandar 2, instead referring the copyright dispute between the parties to mediation.
The bench of Justice Tushar Rao Gedela refused to grant interim relief sought by Trimurti Films, observing that the film had already been released in theatres and that the producers did not intend to release it on OTT platforms until mid-May. In view of this, the Court held that no immediate injunction was warranted at this stage.
The dispute arises from allegations that the song “Rang De Lal – Oye Oye,” released under the label of T-Series, contains unauthorised use of the iconic track “Tirchi Topiwale” from the film Tridev.
The suit has been filed against filmmaker Aditya Dhar’s production house B62 Studios along with T-Series.
During the hearing, the Court noted that the nature of the dispute appeared to be largely commercial and financial, making it suitable for resolution through mediation.
Accordingly, it directed the parties to appear before the Delhi High Court Mediation Centre on April 22.
While declining the takedown request, the Court issued an important interim direction requiring the defendants to maintain detailed accounts of all revenue and commercial exploitation arising from the film and the song since its release on March 19.
This measure ensures that financial interests can be safeguarded pending resolution of the dispute.
Appearing for Trimurti Films, counsel Swati Sukumar argued that under a 1988 agreement relating to Tridev, only limited rights in the sound recording had been assigned to T-Series. These rights, she contended, were restricted to specific formats such as cassettes and gramophone records, with royalty arrangements tied to such usage.
She further submitted that the agreement did not permit incorporation of the song, whether in original or remixed form, into a different cinematograph film. Therefore, the use of “Tirchi Topiwale” in Dhurandar 2, according to the plaintiff, required a fresh licence, which was not obtained.
On the other hand, T-Series, represented by senior advocate Akhil Sibal, opposed the plea for interim relief.
The defence argued that the plaintiff had suppressed material facts, including prior instances where songs from Tridev were used in other films without objection.
It was contended that such conduct disentitled the plaintiff from equitable relief.
Taking note of the rival submissions, the Court refrained from passing any immediate prohibitory orders but emphasised the need to preserve financial records. It also acknowledged the willingness of the parties to explore an amicable settlement through mediation.
The matter will now proceed before the mediation centre, with the Court expected to take up further proceedings depending on the outcome of settlement discussions.
Case Title: Trimurti Films Pvt. Ltd. v. B62 Studios Pvt. Ltd. &
With Inputs From: HT