Go in for mediation, says HC on Lodha brothers’ dispute

Mumbai: The Bombay high court suggested on Monday that the two sons of property magnate and South Mumbai MLA M P Lodha, brothers Abhishek and Abhinandan, go in for mediation. The mediation is proposed to resolve the "genesis" of a legal dispute between companies headed by each brother over the use of the name ‘Lodha' for real estate projects, said Justice Arif Doctor.
Construction major Macrotech Developers, promoted by Abhishek Lodha, filed a trademark infringement and passing off suit before the HC earlier this month against younger brother's House of Abhinandan Lodha (HoABL). Before the HC on Monday was Macrotech's plea for urgent interim relief to restrain HoABL from using ‘Lodha' or a similar trade name.
A bevy of senior counsel appeared on either side. As senior counsel Darius Khambata for Macrotech began making submissions to say shareholders of the public ltd company were also affected, Justice Doctor said, "There is an element of a family dispute. The genesis of the dispute is between the brothers." Justice Doctor added, "If there is a resolution between the brothers, all this will come to an end." Senior counsel Ravi Kadam and Aspi Chinoy, with Venkatesh Dhond on Abhinandan's side, expressed agreement to the mediation proposal.
Khambata, who said the Lodha name has been associated with real estate since 1980 as a registered trademark, cited family agreements to say the younger brother who started HoABL was meant to use ‘Lodha' only for ‘new business', not real estate. He added buyers are confused and Macrotech was bearing the brunt. Kadam and Chinoy said the suit appeared "dressed up" as the trademark was in use since 2020 with their knowledge. Khambata said the company would not stand in the way of any mediation provided it was time-bound and concluded within days, not stretched out.
Justice Doctor said he proposes to appoint a former CJI as mediator if both sides agree and set a 2-week deadline.