Bombay High Court Refuses Interim Stay On Use Of ‘Saat Samundar Paar’ Song In Dharma Film

Bombay High Court Refuses Interim Stay on Use of ‘Saat Samundar Paar’ Song in Dharma Film

The leading law firm in India, DSK Legal, represented Dharma Productions Pvt Ltd (“Defendants”) in a copyright infringement suit filed by Trimurti Films Pvt Ltd (“Plaintiff”) concerning the use of the song “Saat Samundar Paar” in the upcoming film Tu Meri Main Tera Tu Meri. The matter was heard by the Hon’ble Bombay High Court on December 23, 2025, before Justice Sharmila U. Deshmukh.

Background

Trimurti Films, the first owner of the copyright in the 1992 film Vishwatma and its songs, alleged that the remix of “Saat Samundar Paar” in the upcoming film infringed its copyright. Trimurti claimed that a 1990 agreement with Saregama’s predecessor only assigned limited rights for reproduction and distribution of the original audio work and did not authorize derivative works, including remixes or synchronization for films.

Trimurti sought damages of ₹10 crore and an injunction to restrain the defendants from using the song in the film or any other exploitation. The suit also requested that the release, exhibition, or broadcast of the film be halted to the extent it included the alleged infringing song.

Court Proceedings and Order

After hearing the parties, the Court rejected Trimurti’s plea for ad-interim relief. Justice Deshmukh observed that:

• Prima facie, the Plaintiff failed to show that the limited assignment prevented the defendants from exploiting the musical score in the film.
• The balance of convenience favored the defendants, given the substantial investment involved in producing a cinematograph film and the integral role of the song in the script.
• Any deletion of the song at this stage could cause irreparable harm to the film’s production.

Consequently, the Court refused the ad-interim injunction, allowing Dharma Productions to continue using the song in the film Tu Meri Main Tera Tu Meri.

Counsel

The lead matter was argued by Senior Advocate Ravi Kadam and Hiren Kamod, assisted by V Mohini, Aarti Aggarwal, Karan Khiani, and Rohan Lopes from Remfry & Sagar for Trimurti Films.

For Dharma Productions, the matter was represented by Senior Advocate Birendra Saraf along with Parag Khandhar, Chandrima Mitra, and Anaheeta Verma from DSK Legal, and Rakhee Bajpai, Chief Legal Officer of Dharma Productions. Senior Advocate Veerendra Tulzapurkar represented Saregama India Ltd.

Conclusion

The Bombay High Court’s order allows the film’s producers to use the song while the copyright suit continues. The decision emphasizes the balance of convenience principle, highlighting the challenges of granting interim relief in ongoing film productions involving significant investments.

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