Lodha trademark row: Retired SC judge appointed mediator in feud between Maharashtra minister Mangal Prabhat Lodha’s sons

A single-judge seat of Justice Arif S Doctor has been proceeding an interim exertion by Macrotech Developers of Abhishek Lodha seeking advertisement interim alleviation successful its trademark infringement suit to restrain HoABL of his younger brother, from utilizing the ‘Lodha’ trademark pending the proceeding of the matter.

The root of the dispute

Abhinandan parted ways with Lodha Group successful 2015 and started HoABL and the separation was formalised connected the ground of a household colony statement successful 2017.

Macrotech claimed that owed to non-compliance with the 2017 agreement, a caller statement was signed betwixt the 2 parties successful December 2023, which, arsenic per Macrotech expressly prohibited Abhinandan from utilizing a sanction akin to Lodha.

Macrotech and Digirealty Technologies Pvt Ltd successful their suit sought a perpetual injunction against infringing connected their registered trademarks and sought done an exertion an ad-interim injunction pending proceeding of the suit. They claimed the infringement by HoABL resulted successful the nonaccomplishment oregon harm provisionally estimated to beryllium much than Rs 5,000 crore owed to the usage of the ‘Lodha’ by HoABL.

On Friday, elder advocator Janak Dwarkadas representing Abhishek Lodha connected instructions from the lawsuit submitted that helium is consenting to marque an effort to resoluteness the trademark quality done mediation process.

Senior advocator Darius Khambata for Macrotech suggested that each parties beryllium portion of the mediation and not simply the 2 brothers.

On consent of the parties, the High Court appointed retired Justice R V Raveendran arsenic sole mediator successful an effort for solution of the quality arisen betwixt the parties to the suit

“However I clarify that it would beryllium unfastened for parties to spot earlier mediator each specified issues that are presently subsisting betwixt them,” it added.

The seat suggested that the mediator astatine archetypal signifier tin marque an effort to resoluteness the quality betwixt 2 brothers. “If the 2 brothers beryllium down and resoluteness and if a quality betwixt 2 brothers gets settled, everything gets settled,” the justice orally remarked.

“However, this would not successful immoderate mode mean that immoderate parties to the suit shall beryllium excluded successful immoderate mode excluded from mediation proceedings,” the justice noted.

The seat noted that “it shall beryllium unfastened to mediator aft holding archetypal a gathering with Abhinandan Lodha and Abhishek Lodha arsenic to contented due directions for inclusion of each parties successful the suit.”

“Needless to authorities that mediation proceedings are without prejudice to rights and contention to each parties to the dispute,” the tribunal said.

The seat further requested the mediator to ‘expeditiously conclude’ the mediation proceedings, preferably wrong 5 weeks. Posting the adjacent proceeding successful the substance to March 21 to determine connected granting ad-interim relief, the HC said that successful the lawsuit if the mediation is not successful, the replies to the interim exertion to beryllium filed earlier the said date.

“Needless to accidental that if the mediator requires hold of play aft noticing the mediation is proceeding satisfactorily, the prescribed clip tin beryllium extended accordingly,” the seat stated.