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2026 Supreme(SC) 88

SUPREME COURT OF INDIA
J.B. PARDIWALA, K. V. VISWANATHAN, JJ.
Gloster Limited – Appellant
Versus
Gloster Cables Limited & Ors. – Respondents
Civil Appeal No. 2996 of 2024 With Civil Appeal No. 4493 of 2024
Decided On : 22-01-2026

Advocates appeared:
For the Appellant(s) : Mr. Shyam Divan, Sr. Adv. Mr. Diwakar Maheshwari, Adv. Ms. Pratiksha Mishra, AOR Mr. Rongon Choudhary, Adv. Mr. Karan Bhootra, Adv. Mr. Ranjit Kumar, Sr.Adv. Mr. Chander M Lall, Sr. Adv. Mr. Alok Dhir, Adv. Ms. Maneesha Dhir, Adv. Ms. Varsha Banerjee, Adv. Ms. Ayushi Misra, Adv. Ms. Nancy Roy, Adv. Ms. Prakriti Varshney, Adv. Ms. Annanya Mehan, Adv. Mr. Akash Dikshit, Adv. Mr. Adwait Sharma, Adv. Mr. Karan Batura, AOR
For the Respondent(s): Mr. Ranjit Kumar, Sr.Adv. Mr. Chander M Lall, Sr. Adv. Mr. Alok Dhir, Adv. Ms. Maneesha Dhir, Adv. Ms. Varsha Banerjee, Adv. Ms. Ayushi Misra, Adv. Ms. Nancy Roy, Adv. Ms. Prakriti Varshney, Adv. Ms. Annanya Mehan, Adv. Mr. Akash Dikshit, Adv. Mr. Adwait Sharma, Adv. Mr. Karan Batura, AOR Mr. Anand Varma, AOR Mr. Ayush Gupta, Adv. Dr. Mrs. Vipin Gupta, AOR Mr. Krishna Kumar, Adv. Ms. Nandani Gupta, Adv.

The NCLT exceeded its jurisdiction by declaring trademark ownership during insolvency proceedings, undermining the binding nature of the approved resolution plan.

Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Section 60(5) - Jurisdiction of NCLT - Dispute regarding the title of trademark "Gloster" arose in insolvency proceedings involving Corporate Debtor; NCLT's declaration of title was impermissible and contradicted the approved resolution plan. (Paras 39-52)

(B) Principles of Jurisdiction - NCLT cannot exercise jurisdiction over matters outside of insolvency proceedings; the approved resolution plan must govern stakeholder relationships. (Paras 20-29)

Facts of the case:
The dispute involves the rights to the trademark "Gloster" between Gloster Limited (the Successful Resolution Applicant) and Gloster Cables Limited, in the context of insolvency proceedings against Fort Gloster Industries Limited, the Corporate Debtor. The NCLT concluded that the trademark belonged to the Corporate Debtor, subsequently challenged by GCL.

Findings of Court:
It was found that the NCLT exceeded its jurisdiction by declaring ownership of the trademark during proceedings that were primarily focused on the resolution plan without adequately addressing rival claims.

Issues: Whether the NCLT had the jurisdiction to declare the ownership of the trademark "Gloster" amid ongoing insolvency proceedings and in light of the approved resolution plan.

Ratio Decidendi: The court stated that the NCLT's findings contradicted the understanding and terms set forth in the approved resolution plan and underscored the importance of binding stakeholders to the approved terms of the resolution plan.

Result: Appeals disposed of with no costs.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The dispute concerns the ownership rights of the trademark "Gloster" within the context of insolvency proceedings involving Fort Gloster Industries Limited (FGIL), which was under CIRP (Corporate Insolvency Resolution Process) (!) (!) .

  2. The NCLT and NCLAT had differing views on whether the trademark "Gloster" was an asset of the Corporate Debtor, FGIL, and whether the NCLT had jurisdiction to declare ownership of the trademark during insolvency proceedings (!) (!) .

  3. The appellant, Gloster Limited, as the Successful Resolution Applicant, believed that the trademark belonged to FGIL and that any transfer or assignment of the trademark during the insolvency process was either invalid or mala fide (!) (!) .

  4. The respondent, GCL, claimed that it was the lawful owner of the trademark "Gloster" based on various agreements, including a supplemental agreement and a deed of assignment, and that the registration of the trademark in its name was valid and prior to the CIRP (!) (!) .

  5. The courts scrutinized the validity of the agreements, especially the supplemental agreement of 15.07.2008 and the deed of assignment of 20.09.2017, considering whether they were in breach of statutory orders or laws, such as the BIFR restraint order and the IBC provisions (!) (!) (!) .

  6. The courts emphasized that the resolution plan, once approved, is a binding document that governs stakeholder rights, and any declaration of ownership or rights outside the plan would amount to a modification or alteration of the approved plan, which is impermissible (!) (!) .

  7. The jurisdiction of the NCLT under Section 60(5) of the IBC is limited to questions arising "in relation to" the insolvency or liquidation proceedings. The courts clarified that this jurisdiction does not extend to matters outside the scope of insolvency, such as disputes over ownership rights of assets that are not directly part of the insolvency estate (!) (!) (!) (!) .

  8. The courts held that the NCLT exceeded its jurisdiction when it declared the trademark "Gloster" as an asset of FGIL during the insolvency proceedings, as the issue of ownership was not "in relation to" the insolvency but involved separate legal rights and claims (!) (!) .

  9. The registration of the trademark in GCL's name during CIRP was also found to be invalid because it was registered after the commencement of the insolvency process, and thus, the ownership rights remained with FGIL or were subject to dispute (!) (!) .

  10. The courts reaffirmed that the finality and sanctity of the approved resolution plan must be maintained, and any attempt to modify or modify the rights granted therein, especially regarding ownership of trademarks, is impermissible (!) (!) .

  11. The courts highlighted that rights granted under the resolution plan relate to the right to use or manage assets, not ownership rights, which require specific legal procedures for transfer or declaration (!) (!) .

  12. The courts also noted that the issue of ownership rights over trademarks or assets outside the scope of the insolvency proceedings should be addressed through appropriate civil or statutory remedies, not through the insolvency resolution process (!) (!) (!) .

  13. The appeal and cross-appeal were disposed of, with the courts emphasizing that the NCLT's declaration of ownership in favor of the appellant was beyond its jurisdiction and contrary to the terms of the approved resolution plan (!) .

  14. Overall, the decision underscores the limited scope of the insolvency courts' jurisdiction concerning ownership rights of assets that are not directly part of the insolvency estate and affirms the importance of following statutory procedures for asset transfer and ownership claims (!) (!) .

Please let me know if you need further analysis or specific legal advice based on this document.


Table of Content
1. overview of appeals and trademark jurisdiction. (Para 1 , 2 , 3)
2. detailed factual background of trademark ownership disputes. (Para 4)
3. findings and decisions of nclt and nclat. (Para 5 , 6)
4. parties' contentions and arguments regarding trademark rights and jurisdiction. (Para 7 , 8 , 9)
5. judicial analysis focused on statutory jurisdiction and procedural adherence. (Para 10 , 11 , 12 , 13 , 14)
6. examination of the jurisdictional boundaries within insolvency proceedings. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
7. conclusion regarding jurisdiction and ownership of the contested trademark. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 46)
8. final disposition of the case. (Para 52)

JUDGMENT

K.V. Viswanathan, J.

1. These two appeals arise from the judgment of the National Company Law Appellate Tribunal [for short “NCLAT”], Principal Bench, New Delhi dated 25.01.2024 in Company Appeal (AT) (Ins.) No. 1343 of 2019. While Civil Appeal No. 2996 of 2024 is filed by Gloster Limited – the Successful Resolution Applicant (hereinafter called the “SRA”), Civil Appeal No. 4493 of 2024 is filed by Respondent No.1-Gloster Cables Limited (hereinafter called “GCL”), challenging the findings in the impugned judgment insofar as it held that the Adjudicating Authority had the jurisdiction to declare on the aspect of title to the trademark “Gloster”.

2. It must be pointed out that the National Company Law Tribunal [for short “NCLT”], Kolkata Bench, Kolkata while dealing with C.A. (IB) No. 713/KB/2019, incidentally filed by GCL, recorded the conclusion that though the application filed by GCL is liable to be dismissed, the trademark “Gloster” was the asset of the Corporate Debtor. The consequence of the holding was that the appellant-herein who was the SRA having taken over the Corporate Debtor became entitled to the said trademark “Gloster”.

3. On an appeal filed by GCL to NCLAT, the NCLAT, after ruling on the jurisdiction of the NCLT/Adjudicating Authority to go into title ultimately held in favour of GCL and against the SRA. It was held that the finding recorded by NCLT about the trademark “Gloster” being the asset of the Corporate Debtor was not in accordance with law. It is in this scenario that both the parties are before us. While the SRA is aggrieved by the negation of the findings recorded by the NCLT to the effect that the trademark was the property of the Corporate Debtor and, in turn, of the SRA, the GCL is aggrieved by the pronouncement on the issue of jurisdiction. There was no necessity to issue separate notice in the cross- appeal as both parties have advanced comprehensive arguments covering all aspects in both the appeals.

FACTS OF THE CASE:-

4. Respondent No.2 herein-Fort Gloster Industries Limited, the Corporate Debtor (hereinafter called “FGIL”), was hauled up before the Adjudicating Authority by a former employee, one Shri Jayant Panja, in CP (IB) 61/KB/2018 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short the “IBC”). The application was admitted on 09.08.2018 and a Resolution Professional (RP) was appointed. After complying with the procedure prescribed under the IBC for invitation and consideration of resolution plans, the RP filed an application for approval of the resolution plan of the Corporate Debtor submitted by the appellant-SRA herein which was duly approved by the Committee of Creditors [COC] by a vote share of 72.31%. Today, there is no dispute that the plan is approved and has attained finality.

4.1 However, when the approval application was pending, GCL (R-1)-herein filed an application under Section 60 (5) of the IBC seeking the following reliefs:-

    “a) To pass an order thereby allowing the present Applicant to intervene in the present proceeding;

    b) To pass an order thereby directing that any Resolution Plan if approved by this Hon'ble Adjudicating Authority shall exclude the rights in the Trade Mark “Gloster" from the assets of the Corporate Debtor, incl

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