MP HC Declines To Interfere In Copyright Violation Claim For Song In Movie Toilet: Ek Prem Katha [Read Order]

The Madhya Pradesh High Court has declined to interfere into the claim of a writer that his song with verse Hus Mat Pagali Payar Ho Jayega is used in Akshay Kumar-starrer movie Toilet: Ek Prem Katha.

The movie is expected to be released soon.

Naveen Joshi, a writer, filed the petition claimed he has written a song with mukhada Hus Mat Pagali Pyar Ho Jayega, which is registered with the Screen Writers Association and was used in the movie, violating his copyright.

The respondent movie production firms raised objection over the maintainability of the writ petition that the petitioner has remedy to file a civil suit and whether the said song is an original work or not is a disputed question of fact which can be decided only after recording the evidence.

Justice Vandana Kasrekar said: “Although learned senior counsel for both the parties have also argued the matter on merit, but, as this court is dismissing the writ petition on the ground of preliminary objection raised by the respondents, this court, therefore, does not think it proper to decide the case on merit.”

The court dismissed the petition.

Read the Order Here