The Bombay high court on Tuesday said it would hear on January 27 the application filed by Abhishek Lodha- promoted Macrotech Developers Ltd seeking an injunction against his younger brother from using the trademark 'Lodha'.
Last week, the company filed a suit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming that the name 'Lodha' was their trademark and no one else could use it.
In an interim application, the company sought a perpetual injunction against the defendants from infringing its trademark 'Lodha'.
The application came up for hearing on Tuesday morning before a single bench of Justice Manish Pitale. The court, however, noted that it could not hear the plea, as the suit had sought damages of Rs 5,000 crore.
As per court assignment, any suit that sought damages of more than Rs 100 crore would have to be heard by the single bench of Justice Arif Doctor.
The company's advocate, Hiren Kamod, in the afternoon mentioned the application before the bench of Justice Doctor, who asked if the matter pertained to a fight between brothers.
Kamod replied in the affirmative and said, "Yes, this is a fight between two brothers. This is a fight over the Lodha trademark."
The court said it would hear the application seeking interim relief on January 27.