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Varun Dhawan’s film release in jeopardy as Vashu Bhagnani sues makers for Rs 400 cr

Pooja Entertainment has filed a Rs 400 crore suit against Tips and David Dhawan over the alleged unauthorised use of Biwi No. 1 songs.

Vashu BhagnaniHai Jawani Toh Ishq Hona Hai is slated to release on June 5.

The legal battle between producer Vashu Bhagnani’s Pooja Entertainment and Ramesh Taurani-led Tips Industries has intensified dramatically. Pooja Entertainment has filed a Rs 400 crore lawsuit before the Bombay High Court against Tips Industries Limited, Ramesh Taurani, Kumar S Taurani and filmmaker David Dhawan over the alleged unauthorised use of songs from the 1999 blockbuster Biwi No 1 in Varun Dhawan’s upcoming film Hai Jawani Toh Ishq Hona Hai.

The suit seeks urgent relief restraining the release, distribution, exhibition, streaming and further commercial exploitation of the film and its promotional material featuring the disputed songs, “Chunnari Chunnari” and “Ishq Sona Hai”.

Why has Pooja Entertainment gone to court?

According to Pooja Entertainment, the makers of Hai Jawani Toh Ishq Hona Hai do not possess the necessary rights to use the two songs from Biwi No 1. The production house has demanded that the tracks be removed from both the film and its promotional campaigns.

The dispute carries added significance because the film’s title is derived from the song “Ishq Sona Hai”. Pooja Entertainment has therefore also sought a change in the title of the film.

Additionally, the company has sought a further Rs 100 crore in damages if the defendants fail to comply with its demands and continue using the disputed works.

The production house has alleged that valuable intellectual property associated with Biwi No 1 has been exploited without any valid authority, assignment or licence for commercial use.

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What Pooja Entertainment’s lawyer said

Explaining the legal action, advocate V K Dubey told ANI, “We have filed a suit with a claim of Rs 400 crore to the Tips Music Company. The legal battle has been increasing for many days, and the rights of the musicians were not ready to be settled.”

Dubey argued that the original agreements between the parties covered only audio rights.

“Earlier, the rights of movies were based on agreements. Today, the music companies buy the songs from the big producers or the lyricists who make the songs or create the songs. During that time, the agreements that were made with Tips allowed only audio rights in the agreements. In 2018, Tips had emailed us and asked for visual rights. Vashu Bhagnani had replied to them, but their conversation did not settle.”

He further claimed that Pooja Entertainment later served a notice cancelling the rights granted to Tips.

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“If they are the lawful owners of the music rights, they must show their documents. This is why we have filed a claim against Tips. Justice will prevail, and the truth will come out,” Dubey added.

The core of the dispute

At the heart of the controversy are “Chunnari Chunnari” and “Ishq Sona Hai”, two popular songs from Biwi No 1. David directed that film, and is also directing the upcoming Hai Jawani Toh Ishq Hona Hai.

Bhagnani has maintained that while the audio rights were sold to Tips Music, the video rights continue to remain with Pooja Entertainment. The producer has said he was shocked to see “Chunnari Chunnari” recreated for Hai Jawani Toh Ishq Hona Hai, featuring Varun Dhawan, Mrunal Thakur and Pooja Hegde.

Bhagnani has also accused David Dhawan of breaking his trust. According to him, the filmmaker had discussed directing a sequel to Biwi No 1 for Pooja Entertainment after the losses suffered on their previous collaboration, the 2020 film Coolie No 1, which premiered directly on streaming during the Covid-19 pandemic.

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Bhagnani has claimed that after seeking time to develop that project, David Dhawan and Varun Dhawan instead teamed up with Tips Industries for a film named after “Ishq Sona Hai”. The inclusion of “Chunnari Chunnari” in the film further raised concerns, prompting Pooja Entertainment to issue legal notices.

Tips industries calls allegations ‘baseless’

A day after the recreated version of Chunnari Chunnari was unveiled, Tips Industries and the film’s team issued a strongly worded statement rejecting Bhagnani’s claims.

“Recently, a series of baseless allegations have been made against us by Mr Vashu Bhagnani. It is amply clear to us that this is a smear campaign driven by personal vendetta, intended to derail the release of our film Hai Jawani Toh Ishq Hona Hai,” the statement read.

The company also referred to its long-standing association with Bhagnani, stating, “Our association with Mr Bhagnani dates back to 1995, when we generously offered him a 50 percent partnership and a producer credit on a project for which we had laid out all the ground work. Coolie No 1 went on to become a massive box office hit and gave Mr Bhagnani a kick-start in the industry.”

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Tips further alleged that Bhagnani had chosen litigation over direct communication and accused him of spreading misinformation regarding the matter.

The company maintained that it remains the rightful owner of the songs in question.

“We maintain that we are the absolute and lawful owners of the songs ‘Chunnari Chunnari’ and ‘Ishq Sona Hai’. Since this matter is sub judice, this will be the only statement we shall be making at this time. We have full faith in the legal system of our country and are confident that justice will prevail.”

As of now, Hai Jawani Toh Ishq Hona Hai, directed by David Dhawan and starring Varun Dhawan, Pooja Hegde and Mrunal Thakur, remains scheduled for a theatrical release on June 5.

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This article provides a factual report on an ongoing corporate legal dispute and contains no financial advice or investment recommendations. The views and claims expressed by the parties involved are their own and do not reflect the stance of this publication.

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