Mumbai: The Bombay High Court has directed a producer of the Hindi film “Tu Hai Meri Kiran” to deposit Rs 8,85,00,000 with 15 per cent interest in Court as security within three working days, failing which the film cannot be released on 23.10.2026. The Court held that the co-producer’s participation in an Instagram collaboration promoting the release did not amount to waiver of its right to repayment.
Justice Amit Borkar was hearing a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by AND Movie Products LLP against Echelon Productions, Vishal Rana and Khyati Harendra Shah. The parties had jointly produced the film under a Co-Production Agreement effective from 27.03.2024, with each contributing Rs 7,50,00,000 plus GST. The petitioner said it paid Rs 8,85,00,000 including GST, that the amount was not returned, and that a Rs 7,50,00,000 cheque issued by Echelon on 01.01.2026 was dishonoured. It also alleged that the release was being planned without its consent as a confirming party and without the agreed credits.
The respondents argued that the petitioner was a partner whose investment was to be recovered from the film’s revenue, that the cheque was only additional security, and that the petitioner had promoted the release on Instagram and so consented to it. They said no exploitation agreement had been signed and offered to deposit all revenue in Court.
The Court held that the petitioner was not a lender but a co-producer, and that under Clause 5.3 the investment was repayable on or before 13 months from the effective date, or three weeks before first release, whichever is earlier. The repayment had therefore fallen due on 27.04.2025, and the respondents’ reading would make the time limit meaningless. Noting that the cheque was issued after that date, the Court found a strong prima facie case for securing the amount, while clarifying that the cheque alone does not make Respondent No. 2 personally liable.
On the Instagram collaboration, the Court said:
“A person may approve a poster or a release announcement without agreeing to give up a separate right to repayment or the right to be made a confirming party to future exploitation agreements.”
Relying on Jagad Bandhu Chatterjee on waiver, Godhra Electricity on the use of conduct to interpret contracts, and M.J. James on acquiescence, the Court held that the conduct was relevant to the petitioner’s objection to the publicity material but did not show an intention to give up the repayment right or the right of prior consent. It also held that the conduct weighed against an unconditional injunction, and that the offer to deposit future revenue did not secure the amount that fell due in April 2025.
The Court accordingly directed Echelon to deposit Rs 8,85,00,000 with 15 per cent interest per annum from the dates of the petitioner’s payments, to be held without release to either party. The court further also held that until then, the film cannot be exploited in any mode, and after the deposit the theatrical release may proceed. It has also directed the respondents to file an affidavit within five working days disclosing all agreements, offers and term sheets, not enter into exploitation agreements without making the petitioner a confirming party, route revenue into a separate account, and correct publicity material within 48 hours to carry the agreed credits.
Appearances:
For the Petitioners: Mr. Ashish Kamat, Senior Advocate, with Mr. Rashmin Khandekar and others, instructed by King Stubb & Kasiva.
For the Respondents: Mr. Anand Mohan, with Mr. Lavin Hirani and Mr. Clint G. Thattil, instructed by Mr. Vikramaditya Chavan.
Case Title: AND Movie Products LLP vs. Echelon Productions & Ors., Commercial Arbitration Petition (L) No. 34544 of 2026
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