New Delhi, 9 April

The Delhi High Court on Thursday referred to mediation a dispute over the alleged unauthorised use of a song from the 1989 film 'Tridev' in 'Dhurandhar 2'.

Justice Tushar Rao Gedela passed the order on a lawsuit filed by 'Tridev' maker, Trimurti Films, against Aditya Dhar's B62 Studios Pvt Ltd and Super Cassettes Industries Pvt Ltd.

Trimurti Films alleged that Dhurandhar 2's track 'Rang De Lal (Oye Oye)' used Tridev's track 'Tirchi Topi Wale' without due authorisation.

The claim was opposed by the defendants.

Justice Gedela listed the case for hearing on 6 May, observing that deciding the issue of granting any interim relief was not required at this stage in view of the studio's statement that Dhurandhar 2 was unlikely to be released on any OTT platforms soon.

The judge, however, asked the defendants to maintain a record of accounts, as the dispute was "financial" in nature.

"Having regard to the fact that the statement has been rendered on behalf of defendant number 1 (B62 Studios), no order in respect of passing an interim injunction at this stage as of date is required. However, it is directed that the defendants shall maintain their record of accounts of all the possible and plausible exploitation taking place from the time when the movie was launched, i.e. 19 March till the decision is reached by this court," the court said.

"In the meantime, the parties are referred to mediation since they are willing to settle their disputes by referring their matter to mediation. The parties are directed to appear before the Delhi High Court Mediation Centre on April 22," the court said.

The senior counsel for the plaintiff said the end credits in 'Dhurandhar 2' show that the copyright in the song in question ultimately belongs to Trimurti Films.

She further said the song can be removed from the OTT release of the defendant's film or any other digital platform.

Senior Advocate Akhil Sibal, appearing for Super Cassettes, said the label has the rights over the song and no interim relief should be granted.

He also alleged that the plaintiff suppressed important facts and that songs from Tridev were used in another film even earlier.