Mumbai: Retired Supreme Court Justice R.V. Raveendran has been appointed as the sole mediator to resolve the trademark dispute between the Lodha brothers. On Monday, Justice Arif Doctor asked the mediator to try and resolve the dispute expeditiously, preferably within five weeks.
The dispute arose when Macrotech Developers Ltd., led by Abhishek Lodha, filed an application in January seeking an injunction against his younger brother, Abhinandan Lodha’s real estate firm, House of Abhinandan Lodha (HoABL), to prevent it from using the trademark ‘Lodha.’
During a hearing last week, Justice Doctor suggested that the parties attempt to resolve the dispute amicably through mediation, observing that it was primarily a matter between two brothers.
On Friday, senior counsel Janak Dwarkadas, appearing for Abhishek Lodha, informed the court that his client was agreeable to mediation. However, he suggested that all parties to the suit, including the companies, be present during the mediation process.
Justice Doctor, however, observed that resolving the dispute between the brothers would likely resolve the larger issue. “If there is a resolution between respondents 5 (Abhinandan Lodha) and 16 (Abhishek Lodha), won’t everything else fall into place? It will have a domino effect. Having more people involved who could complicate matters may derail the proceedings,” Justice Doctor remarked.
Senior counsel Darius Khambata, representing Macrotech, agreed but added that once an agreement was reached between the brothers, it should not lead to subsequent objections from the companies.
Emphasizing that the root of the dispute lay between the brothers, Justice Doctor stated that if the matter was settled amicably, it would be beneficial; otherwise, litigation could drag on for years. “These are two brothers — they can sit and work it out,” he added.
The court then suggested that the brothers meet the mediator and initiate the mediation process. If the mediator felt the need for other parties to participate, he could call them in. “Let brothers go for mediation. If the mediator feels others are required in the process then he may rope them in,” Justice Doctor said.
The court clarified: “Attempt is to start with brothers and then call others. There is no intention to keep anyone out. There is no attempt to keep anyone out. Endeavor is to see it goes stage wise.”
The bench noted that “it shall be open to mediator after holding first a meeting with Abhinandan Lodha and Abhishek Lodha as to issue appropriate directions for inclusion of all parties in the suit.”
“Needless to state that mediation proceedings are without prejudice to rights and contention to all parties to the dispute,” the court said, adding: “If the mediator requires extension of period after noticing the mediation is proceeding satisfactorily, the prescribed time can be extended accordingly.”
If mediation fails, the court has directed the respondents to file their replies to Macrotech’s application. The matter has been scheduled for a hearing in March.
A statement issued by The House of Abhinandan Lodha read: “Mr. Abhinandan Lodha continues to believe that family matters should not be settled in public. This is the reason he chose to maintain a dignified silence for over 10 years in the interest of the family. He does hope that his family honours all the commitments made to him as he has delivered not only on all his commitments but has also gone beyond, whenever called upon to help with advice, time, and money.”
Macrotech filed the suit in January against HoABL, claiming exclusive rights over the trademark ‘Lodha’ and seeking Rs 5,000 crore in damages.
The Lodha brothers, sons of BJP leader and Maharashtra cabinet minister Mangal Prabhat Lodha, had an internal agreement until 2015 allowing all companies within the group to use the trademark. Abhinandan separated from the group that year to establish his own business. The terms of separation were formalized in a 2017 family settlement agreement and a subsequent 2023 agreement, under which Abhinandan’s venture was named HoABL.
However, Macrotech asserted that it was not a party to the 2023 agreement and was not bound by its terms. The company stated that it had never granted permission to Abhinandan’s firm to use the trademark.
Retired Justice Raju Varadarajulu Raveendran, B.Sc., B.L., was born on October 15, 1946. He enrolled as an advocate in March 1968 and was appointed as a permanent judge of the Karnataka High Court on February 22, 1993. He later became the Chief Justice of the Madhya Pradesh High Court on July 8, 2004. On September 9, 2005, he was elevated to the Supreme Court of India, where he served until his retirement on October 15, 2011.
In 2021, the Supreme Court appointed him to lead a three-member committee to investigate allegations of unauthorized surveillance using Israeli spyware Pegasus. In 2015, he was also appointed to the Lodha Committee, tasked with reforming the Board of Control for Cricket in India (BCCI).
