Bombay High Court halts release of Sonakshi Sinha-starrer Tu Hai Meri Kiran

The Bombay High Court has restrained the theatrical release of Hindi film "Tu Hai Meri Kiran" until co-producer Echelon Productions deposits ₹8.85 crore along with 15 percent interest [AND Movie Products LLP v. Echelon Productions & Ors.].

Justice Amit Borkar passed the interim order on October 19 under Section 9 of the Arbitration and Conciliation Act on a plea moved by co-producer AND Movie Products LLP. 

The film, starring Sonakshi Sinha and Zaheer Iqbal, was slated for release on October 23.

AND Movie moved the Court contending that it had invested ₹8.85 crore under a March 2024 co-production agreement, which Echelon Productions failed to refund despite an expired timeline and a dishonoured cheque. 

In defence, Echelon contended that AND Movie had acquiesced to the film’s release by actively collaborating on promotional posts on Instagram.

The Court rejected this contention, observing that social media promotion cannot be construed as a waiver of financial claims or exploitation rights.

“There is a difference between agreeing to promote the announcement of a film and agreeing to give up the contractual right to get back the investment. In the same way, accepting an Instagram collaboration post is not the same thing as giving prior consent to the terms of a commercial exploitation agreement. Both acts are different and their effect may be different,” the order said. 

The Court further clarified that subsequent conduct cannot override express contractual terms:

“The conduct of the parties may help the court in understanding their agreement. But unless there is sufficient material to show that they intended to change the agreement, such conduct cannot be used to remove an obligation which has been written in it,” the judge observed. 

Consequently, the Bench directed Echelon to deposit ₹8.85 crore with 15 percent interest within three working days as security before proceeding with the release of the film.

Further, Echelon was ordered to disclose all third-party exploitation agreements and restore the agreed producer credits within forty-eight hours.

Senior advocate Ashish Kamat with advocates Rashmin Khandekar, Ashwin Bhadang, Arpit Choudhary, Krunal Mehta, Karen Koya, Akshata Modi and Varun Dhond briefed by King Stubb & Kasiva appeared for AND Movie.

Advocates Anand Mohan, Lavin Hirani, Clint G Thattil and Vikramaditya Chavan appeared for Echelon Productions.

[Read order]