Bombay High Court refuses stay (for now) on 'Saat Samundar Paar' song in upcoming film

The Bombay High Court today refused to grant urgent interim relief to Trimurti Films Pvt Ltd., which had sued Karan Johar’s Dharma Productions and Saregama India for allegedly infringing copyright in using a remixed version of the 1992 song “Saat Samundar Paar” in the upcoming film Tu Meri Main Tera Tu Meri [Trimurti Films v. Dharma Productions & Ors.]..A single judge Bench of Justice Sharmila Deshmukh pronounced the decision today.The judge noted that rimurti had failed to make out a case that the assignment agreement granted limited assignment. She also found that the balance of convenience tilted in favour of the defendants, emphasizing that producing a cinematograph film involves substantial investment. "It cannot be be disputed that production of a cinematograph movie involves substantial investment and there is no material on record to show that prima facie the subject song can be deleted without causing any harm to the script or that it is not an integral part of the script", the judge said. .Trimurti had sought damages of ₹10 crore and a permanent injunction to restrain the use of the song, including its tune and lyrics, for any exploitation or remix in the film, which is slated to release on December 25, or any other film.The suit named Dharma Productions and Namah Pictures Pvt Ltd, the producers of the film, music label Saregama India Ltd and rapper‑composer Aditya Prateek Singh, popularly known as 'Badshah', as defendants..Trimurti states that in early December 2025, it discovered online promotion of Tu Meri Main Tera using the tune of “Saat Samundar Paar” in Instagram posts by Dharma, Namah and Saregama, with Badshah being named as the artist on the poster. The song was not included in the music album of the film, which was released on December 17.The plaint referred to articles indicating the defendants were “remixing” the song for inclusion in the film, though no licence or authorization for the same was sought from Trimurti.Apart from damages and injunction, Trimurti has also sought an order to stop the release, exhibition, communication or broadcast of the film to the extent it contains the alleged infringing song..According to the suit, Trimurti is the first owner of the copyright of the film Vishwatma and its songs, including ‘Saat Samundar Paar."Trimurti has argued that all rights in the musical and literary works, as well as the sound recordings, vest with it, including the right to incorporate the song or any part of it in any cinematograph film.It has contended that a 1990 agreement with Saregama’s predecessor, The Gramophone Company of India Ltd, only assigned rights limited to reproduction and distribution of existing, original audio work.Trimurti says that this assignment did not include permission to modify or adapt the song recording to create a derivative work through means including synchronization, remix..Senior advocate Birendra Saraf, appearing for Dharma Productions, opposed granting of any urgent interim injunction with the film slated for release on December 25, citing the substantial investments already made.He submitted that the 1990 assignment to Saregama was absolute and worldwide in respect of the musical work, and pointed out that the song had earlier been licensed for use and adaptation in films and advertisements without objection from Trimurti..Justice Deshmukh noted that a clause of the 1990 assignment agreement did not stop at the assignment of copyright for making record of the contract works. She reasoned instead that it went as far as to assign all other rights, title and interest in and to the literary, dramatic and musical work embodied in producers film. "Trimurti could not contend that only limited sound recording rights had been assigned after 35 years", the judge concluded. .Trimurti was represented by Senior Advocate Ravi Kadam, along with counsel Hiren Kamod briefed by team from Remfry & Sagar comprising advocates V Mohini, Aarti Aggarwal, Karan Khiani and Rohan Lopes.Saraf, with advocates Parag Khandhar, Chandrima Mitra, Anaheeta Verma and Pratyusha Dhedda briefed by DSK Legal, appeared for Dharma Productions.Senior Advocate Veerendra Tulzapurkar with advocates Gaurav Mehta, S Yadav, S Shende, S Singh briefed by Tejal Karania appeared for Saregama India Ltd.[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.