MUMBAI: The Mumbai High Court has scheduled the final hearing of the  case filed by music label Sony BMG against Shree Ashtavinayak Cinevision for use of a song from Sanjay Leela Bhansali's Saawariya in its latest production, Golmaal Returns, in January 2009.

Sony BMG, which holds the music rights to Saawariya, had claimed in its case that Ashtavinayak had illegally used the song "Jab Se Tere Naina" in the film Golmaal Returns. "The composition and the lyrics of the song from Saawariya have been used in multiple scenes of the film Golmaal Returns without any permission or license from Sony BMG who own all rights to the song', the plaint said.

The music label also claimed that it had sent several  notices to Shree Ashtavinayak Cinevision after the October release of the film, asking the company to obtain the requisite permission for use of the song. Sony BMG claims that the first notice was sent on 3 November 2008, which went unanswered. To the second notice sent on 7 November, Ashtavinayak refuted the claims made by Sony BMG, says the company. Sony BMG then decide to file a case against Shree Ashtvinayak Films and named as co defendants, the worldwide distributors of the movie - Indian Film company and the Home video licensees - Moser Baer.

The official spokesperson of Ashtavinayak Cinevision, when contacted on Monday, said that the HC had rejected the Sony BMG plea. Sony BMG officials later on Monday, said that the HC had deferred the final hearing to January.