On Thursday, the Delhi High Court decided to send a dispute regarding the alleged unauthorized use of a song from the 1989 film Tridev into mediation. The ruling was made by Justice Tushar Rao Gedela in response to a lawsuit brought by Trimurti Films, the production company behind Tridev, against B62 Studios Pvt Ltd, owned by Aditya Dhar, and Super Cassettes Industries Pvt Ltd. Trimurti Films claims that the song “Rang De Lal (Oye Oye)” from the film Dhurandhar 2 improperly incorporates “Tirchi Topi Wale” from Tridev without the necessary permissions. The defendants, however, have contested this assertion.
Justice Gedela scheduled the matter for further discussion on May 6, noting that it was unnecessary to address any interim relief at this point, particularly given the defendants’ statement indicating that Dhurandhar 2 would likely not be available on any OTT platforms in the near future. Nonetheless, the judge instructed the defendants to keep detailed financial records, as the nature of the dispute is primarily economic.
The court remarked that, since a statement had been made by the first defendant (B62 Studios), there was no need for an interim injunction at this moment. The court ordered the defendants to document all potential revenue generated from the film since its release on March 19, until a final decision is made.
In the meantime, the parties are encouraged to engage in mediation, as they have expressed a willingness to resolve their issues amicably. They are required to attend a session at the Delhi High Court Mediation Centre on April 22. Counsel representing the plaintiff argued that the end credits for Dhurandhar 2 indicate that the copyright for the disputed song ultimately belongs to Trimurti Films.
Additionally, the plaintiff’s counsel mentioned that the song could be removed from any future OTT releases or digital platforms associated with the defendant’s film. Senior Advocate Akhil Sibal, representing Super Cassettes, countered by asserting that the label holds rights to the song and that no interim relief should be granted. He further claimed that the plaintiff had omitted significant information and noted that songs from Tridev had been utilized in a different film prior to this dispute.
