Bombay High Court appoints ex-Supreme Court judge to mediate dispute between Lodha brothers

The Bombay High Court on Friday appointed retired Supreme Court judge Justice RV Raveendran to mediate the long-standing trademark dispute between real estate moguls Abhishek Lodha and Abhinandan Lodha, after the two brothers consented to the same..Justice Arif Doctor passed the order on a ₹5,000 crore trademark suit filed by Macrotech Developers - owned by Abhishek Lodha - against the Abhinandan Lodha-owned firm, House of Abhinandhan Lodha. Justice Doctor added,"Initially the mediation shall be between (the two brothers)...It shall be open to the mediator after first holding a meeting (with the two brothers) as to issue appropriate directions for the inclusion of all parties to the suit. We shall also not preclude all parties to the suit to approach the mediator for participation in the mediation.".The Court added that the mediation is being ordered without any prejudice to the rights of parties in the trademark suit, which has been listed after the mediation period to examine the question of interim relief, if the mediation proves unsuccessful.The matter has been posted next on March 21..The origins of the dispute can be traced to 2015, when the Lodha brothers decided to part ways. Abhinandan subsequently founded House of Abhinandan Lodha, while Abhishek continued to manage the family’s real estate business under the name Macrotech Developers.In a 2017 family settlement, it was agreed that Abhinandan would focus on a new, non-real estate business, while Macrotech retained control of the real estate operations and intellectual property rights related to the ‘Lodha’ name.The settlement included a non-compete clause restricting Abhinandan from engaging in real estate activities in certain regions, including the Mumbai Metropolitan Area and Greater London.Macrotech has now claimed that Abhinandan’s companies have continued to use the 'Lodha' name, violating the terms of the agreement.Macrotech proceeded to file a suit before the High Court seeking to prevent the use of the 'Lodha' trademark and also demanded ₹5,000 crore in damages, citing the confusion caused among consumers and the infringement of its trademark rights..Abhinandan Lodha’s companies denied any unauthorised use of the trademark. They contended that their trademark, 'House of Abhinandan Lodha,' has been used prominently in all their projects and has been registered since 2020.They also argued that they should not be held liable for any misuse of the trademark by third parties..When the matter was heard last, the Court suggested that it would be beneficial for the warring brothers to settle their disputes by mediation. Senior Advocate Darius Khambata, representing Macrotech (plaintiff), told the Court that his client was willing to participate in mediation, provided it is done in a time-bound manner. During today's hearing, he also suggested that all parties to the suit - and not just the two brothers - should participate in the mediation process so that there is no scope for the dispute to be regurgitated if it is settled by mediation. "Having more people… won’t it just derail everything?" Justice Doctor pointed out. The judge proceeded to suggest that the mediation should be between the two brothers first, and that other parties can be involved later if the need arises. This could avoid years of protracted litigation and hopefully settle everything, he added. Accordingly, the Court proceeded to ask the retired judge tasked with mediating the dispute, namely Justice Raveendran, to first hear the two brothers before more parties may be added at a later stage. .Senior Advocates Darius Khambata and Sharan Jagtiani along with Advocates Hiren Kamod, Priyank Kapadia, Rahul Dwarkadas, Prachi Dhanani, Nutash Kotwal and Shireen Mistri, instructed by Veritas Legal, appeared for MacrotechSenior Advocate Virendra Tulzapurkar and Ravi Kadam and Advocates Rashi Shah, instructed by Kartikeya & Associates, represented House of Abhinandan Lodha.Senior Advocate Venkatesh Dhond and Advocates Ameet Naik, Rohan Kadam, Madhu Gadodia, Sandhya Singh, Ashutosh Upadhayay, Tarini Kulkarni and Lokesh Kansal, instructed by Anand and Naik, appeared for Lodha companies and directors.Senior Advocate Aspi Chinoy along with Advocates Karl Tamboly, C Rashmikant, Rohan Dakshini, Shweta Jayadev, Nikita Mishra, Anuja Bhansali, Urvi Gupte, Sailee Dhayalkar, Jai Sanyal, Raghav Dharmadhikari, instructed by Rashmikant and Partners, represented Abhinandan Lodha.Advocate Chaitra Rao appeared for Lodha Advisory Services and Lodha Trusteeship.Senior Advocate Janak Dwarkadas along with Advocate Suraj Iyer, instructed by Ganesh & Co, represented Abhishek Lodha..[Read Live Coverage]