Today, On 31st January, The Bombay High Court appointed a former Supreme Court judge to mediate the dispute between the Lodha brothers. Initially, the mediation will only involve Abhishek Lodha and Abhinandan Lodha. Other relevant parties may be included later if necessary. The court’s decision aims to resolve the conflict amicably.
Mumbai: The Bombay High Court appointed retired Supreme Court Justice RV Raveendran to mediate a long-standing trademark dispute between real estate industrials Abhishek Lodha and Abhinandan Lodha, following their mutual consent.
Justice Arif Doctor issued the order regarding a Rs. 5,000 crore trademark lawsuit filed by Macrotech Developers, owned by Abhishek Lodha, against Abhinandan Lodha’s firm, House of Abhinandhan Lodha.
Justice Doctor stated,
“Initially, the mediation shall be between the two brothers… It shall be open to the mediator, after holding a meeting with them, to issue appropriate directions for the inclusion of all parties to the suit. We shall also not preclude any parties from approaching the mediator for participation.”
The court emphasized that the mediation is ordered without prejudice to the rights of the parties in the trademark suit, which is scheduled for review after the mediation period to assess interim relief if the mediation fails.
The next hearing is set for March 21.
The dispute dates back to 2015 when the Lodha brothers decided to separate. Abhinandan established House of Abhinandan Lodha, while Abhishek continued managing the family’s real estate business under Macrotech Developers.
A family settlement in 2017 stipulated that Abhinandan would focus on a new, non-real estate venture, while Macrotech retained control of real estate operations and intellectual property rights associated with the ‘Lodha’ name.
This agreement included a non-compete clause preventing Abhinandan from engaging in real estate activities in certain areas, including the Mumbai Metropolitan Area and Greater London.
Macrotech has claimed that Abhinandan’s companies have continued to use the ‘Lodha’ name, violating the settlement terms. In its suit, Macrotech seeks to prevent the use of the ‘Lodha’ trademark and demands Rs.5,000 crore in damages for consumer confusion and trademark infringement.
Abhinandan Lodha’s companies have denied any unauthorized use of the trademark, asserting that their brand, ‘House of Abhinandan Lodha,’ has been prominently used in all projects and registered since 2020. They also argued against liability for any misuse by third parties.
During the last hearing, the court suggested that mediation might be beneficial for the disputing brothers. Senior Advocate Darius Khambata, representing Macrotech, expressed willingness to participate in mediation, provided it is conducted in a timely manner. He recommended that all parties involved in the suit participate in the mediation to prevent future disputes.
Justice Doctor raised concerns about involving too many parties initially, suggesting that mediation should first focus on the two brothers, with others included later if necessary to avoid extended litigation.
Consequently, the court directed Justice Raveendran to initially mediate between the two brothers before considering the inclusion of additional parties.
Senior Advocates Darius Khambata and Sharan Jagtiani, along with several other advocates, represented Macrotech.
Senior Advocate Virendra Tulzapurkar and his team represented House of Abhinandan Lodha, while various senior advocates represented the Lodha companies and directors.
Senior Advocate Aspi Chinoy represented Abhinandan Lodha, and Advocate Chaitra Rao appeared for Lodha Advisory Services and Lodha Trusteeship. Senior Advocate Janak Dwarkadas represented Abhishek Lodha.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
