Mediation fails between Dhurandhar makers, Rajiv Rai for alleged unauthorised use of Tirchi Topiwale, case goes to trial

Rajiv Rai had sued Aditya Dhar over allegedly using his film Tridev's song Tirchi Topiwale in Dhurandhar 2 without permission.

The case between the makers of Dhurandhar and Triumurti Films over the alleged unauthorised use of the song, Tirchi Topiwale, has not been sorted by mediation, the Delhi High Court was informed on Wednesday. Trimurti Films’ Rajiv Rai had sued Jio Studios and B62 Studios for using the song, originally from his film Tridev, in Dhurandhar 2, allegedly without permission.

Ranveer Singh stars in Aditya Dhar's Dhurandhar: The Revenge.

Initially, the Delhi High Court had asked the parties to settle the matter through mediation. On Wednesday, as the court reconvened, Bar and Bench reported that the Court was informed that mediation has failed. The case will now go to trial, with the judge posting it for hearing on Friday, May 8.

About Tirchi Topiwale

The song, Tirchi Topiwale, sung by Sapna Mukherjee and Amit Kumar, and composed by Kalyanji-Anandji, was featured in Rajiv Rai’s 1989 film Tridev. A chartbuster, the song has remained popular over three decades since.

In the March release, Dhurandhar: The Revenge, the song was used during the climax, picturised on Rakesh Bedi’s character as he recounts something to the film’s lead, played by Ranveer Singh. The new song, titled Rang De Lal, which features new vocals and lyrics as well, was remixed by Shashwat Sachdeva, who has composed the film’s score. It is also part of Dhurandhar 2’s soundtrack.

What is the controversy?

After Dhurandhar 2 was released, Trimurti Films sued the makers of Dhurandhar 2, claiming that the song had been used in the film without obtaining the requisite licences or permissions. Trimurti asserted ownership and/or control over the relevant rights in the musical work and the sound recording. The production house has alleged that the use amounts to copyright infringement, including unauthorised reproduction and communication of the work to the public.

In an interview with DNA, Rajiv Rai explained that his fight was not about the use of the song in the soundtrack, but also the narrative as a whole. “This is a theft. Yeh poori chori ban jaati hai. Aur aap isko dusri picture mein dalte hai alter kar ke, toh woh double chori hai (This becomes a case of theft). When you use the song in another film after altering it, it is double theft). This is a theft in my eyes,” the filmmaker said. Later, the Delhi HC instructed the filmmaker not to make public allegations against the defendants till the case is sub judice.

Dhurandhar 2, directed by Aditya Dhar, is still running in theatres. The song Rang De Lal remains part of its soundtrack.