Bombay High Court appoints former SC Judge as mediator for Lodha Brothers’ Rs.5,000 crore trademark dispute

SC Justice (Retd) R V Raveendran to mediate between Lodha brothers

The Bombay High Court has appointed retired Supreme Court judge, Justice R V Raveendran, to mediate the ongoing trademark dispute between real estate tycoons Abhishek Lodha and Abhinandan Lodha.

Mediation agreed upon by both parties

The two brothers consented to the mediation process. The dispute stems from an Rs,5,000 crore trademark lawsuit filed by Macrotech Developers, led by Abhishek Lodha, against the House of Abhinandan Lodha, owned by Abhinandan Lodha.

The order was issued by Justice Arif Doctor.

“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.”

Court clarifies mediation scope

The Court emphasized that the mediation would not impact the ongoing lawsuit or the rights of either party. If the mediation does not yield a resolution, the case will proceed with further legal deliberations after the mediation period. The next hearing is scheduled for March 21.

Background of the dispute

The conflict between the Lodha brothers traces back to 2015 when they decided to split their business interests. Abhinandan established the House of Abhinandan Lodha, while Abhishek continued to lead Macrotech Developers under the family’s legacy.

A 2017 family settlement determined that Abhinandan would focus on non-real estate businesses, while Macrotech would retain control over real estate ventures and the intellectual property associated with the ‘Lodha’ brand. The agreement also included a non-compete clause, restricting Abhinandan from entering the real estate sector in designated areas such as Mumbai and Greater London.

Macrotech’s allegations and Abhinandan’s defence

Macrotech Developers claims that Abhinandan’s companies have violated the 2017 settlement by continuing to use the ‘Lodha’ name in real estate projects, leading to consumer confusion. As a result, Macrotech filed a Rs.5,000 crore trademark infringement suit.

In contrast, Abhinandan’s firms argue that they have complied with the agreement. They state that their brand, ‘House of Abhinandan Lodha,’ has been registered since 2020 and is clearly distinguished in all business operations. They also contend that they cannot be held accountable for any misuse of the Lodha trademark by third parties.

Court suggests mediation to expedite resolution

During the previous hearing, the Bombay High Court proposed mediation as a practical resolution to the dispute. Senior Advocate Darius Khambata, representing Macrotech, supported the idea but insisted on a structured timeframe and the potential involvement of all stakeholders to prevent future conflicts.

Justice Doctor, however, warned that involving too many parties could complicate the process. He recommended that mediation begin solely between the two brothers, with the option to include additional parties if necessary. The primary objective is to achieve a swift resolution and avoid prolonged litigation.

Justice Raveendran appointed as mediator

To oversee the mediation, the Court appointed Justice R V Raveendran, a retired Supreme Court judge. His initial focus will be on discussions between Abhishek and Abhinandan Lodha, and he will decide whether to include other stakeholders in later stages.

Legal representation in the case

Several senior advocates and law firms are representing both sides in the legal proceedings:

For Macrotech Developers (Abhishek Lodha)

• Senior Advocates: Darius Khambata, Sharan Jagtiani
• Advocates: Hiren Kamod, Priyank Kapadia, Rahul Dwarkadas, Prachi Dhanani, Nutash Kotwal, Shireen Mistri
• Law Firm: Veritas Legal

For House of Abhinandan Lodha (Abhinandan Lodha)

• Senior Advocates: Virendra Tulzapurkar, Ravi Kadam
• Advocates: Rashi Shah
• Law Firm: Kartikeya & Associates

For Lodha Companies and Directors

• Senior Advocate: Venkatesh Dhond
• Advocates: Ameet Naik, Rohan Kadam, Madhu Gadodia, Sandhya Singh, Ashutosh Upadhayay, Tarini Kulkarni, Lokesh Kansal
• Law Firm: Anand and Naik

For Abhinandan Lodha

• Senior Advocate: Aspi Chinoy
• Advocates: Karl Tamboly, C Rashmikant, Rohan Dakshini, Shweta Jayadev, Nikita Mishra, Anuja Bhansali, Urvi Gupte, Sailee Dhayalkar, Jai Sanyal, Raghav Dharmadhikari
• Law Firm: Rashmikant and Partners

For Lodha Advisory Services and Lodha Trusteeship

Advocate: Chaitra Rao

For Abhishek Lodha

• Senior Advocate: Janak Dwarkadas
• Advocate: Suraj Iyer
• Law Firm: Ganesh & Co

The mediation process will now proceed under the guidance of Justice R V Raveendran, with the Court closely monitoring developments before the next hearing on March 21.

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