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2025 Supreme(Online)(NCLT) 2208
NATIONAL COMPANY LAW TRIBUNAL
Ms. Lakshmi Gurung, Member (Judicial), Sh. Charanjeet Singh Gulati, Member (Technical)
Bhrugesh Amin Resolution Professional of Smaaash Entertainment Private Limited – Appellant
Versus
Shripal Morakhia – Respondent
I.A. 2430/2023|C.P. No. (IB) 935/MB/C-III/2020
For the Appellants/Petitioners: Sr. Adv. Mr. Gaurav Joshi, Adv. Feroze Patel, Adv. Mehta, Adv. Meher Mistri
For the Respondents: Mr. Rafeeq Peermohideen, Mr. Aman Kacheria, Mr. Sujit Lahoti, Adv. Shadab Jan, Adv. Aman Kacharia, Adv. Mulkit Salia, Adv. Rohan Agarwal, Adv. Parth P. Shah
The court ruled that domain names are integral assets in insolvency proceedings, affirming authority to transfer domain ownership to protect proprietary rights against cyber-squatting.
Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Sections 19 and 60(5) - Interlocutory application filed by the Resolution Professional of Smaaash Entertainment Private Limited seeking orders to restrain respondents from obstructing operations and to transfer domain "www.smaaash.in" - Respondents transferred assets during Corporate Insolvency Resolution Process (CIRP) causing operational impediments - Tribunal held that it has jurisdiction to adjudicate on the transfer of domain names as part of insolvency proceedings. (Paras 13-52)
(B) Cyber-squatting - The act of illegally registering domain names with intent to profit off established brand names - Tribunal stated that retaining the domain "smaaash.com" by responses constitutes cyber-squatting and is harmful to the Corporate Debtor's proprietary interests. (Paras 20, 28, 34)
(C) Domains are key business identifiers; courts should ensure they remain with legitimate trademark owners to protect brand identity and consumer access. (Paras 36-40)
Findings of Court:
The Tribunal directed the transfer of the domain "smaaash.com" to the Corporate Debtor within 30 days, highlighting the importance of brand identity in business operations.
Result: Application allowed; domain to be transferred.
| Table of Content |
|---|
| 1. introduction of the case and relevant facts (Para 1 , 2 , 3 , 4 , 5 , 6 , 9) |
| 2. submissions from the resolution professional and respondents (Para 10) |
| 3. court's observations on the progress and relationships in the case (Para 12 , 13 , 14 , 15 , 19) |
| 4. legal analysis of trademark and domain ownership (Para 24 , 25 , 26 , 30 , 32 , 36 , 42) |
| 5. final order on transfer of domain (Para 51 , 52) |
Aniket Adv. Malhar Zatakia a/w Sonam Pandey i/b Sujit Lahoti & Associates For the Respondent 2 : Adv. Shadab Jan, Adv. Aman Kacharia a/w. Adv. Sonam Pandey i/b Sujit Lahoti & Associates For the Respondent 6 : Adv. Mulkit Salia For the Respondent 8 : Adv. Rohan Agarwal i/b Adv. Parth P. Shah Per: Ms. Lakshmi Gurung, Member (Judicial
1. The present Interlocutory Application has been filed by the Resolution Professional (Applicant) of Smaaash Entertainment Private Limited (Corporate Debtor), under section 19 read with section 60(5) of the Insolvency and Bankruptcy Code, 2016 (Code) and Rule 11 of the NCLT Rules, 2016 seeking following reliefs:
a. To pass the necessary orders and injunction restraining the Respondent Nos.1, 2 and/or 8 from in any manner obstructing, impeding and/or hindering the Applicant’s operations of the Corporate Debtor, including by wrongful use of the brand name “SMAAASH” belonging to the Corporate Debtor, and to further direct the Respondent Nos.1,2 and/or 8 to jointly and/or severally co- operate with the Applicant insofar as the operation and management of the Corporate Debtor is concerned;
b. To pass the necessary orders directing the Respondent Nos.1, 2, 3 and / or 8 to jointly and/or severally transfer the domain “www.smaaash.in” back to the Corporate Debtor and restrain from wrongful use of the brand name “SMAAASH” belonging to the Corporate Debtor;
c. To pass necessary orders directing Respondent No.1 to provide the Applicant with the administrator password, super administrator password, login credentials to access the domain “www.smaaash.in”;
d. In the alternative to prayer clauses (a) and (b), to order and direct the Respondent No. 5 to transfer the domain “www.smaaash.in” back to the Corporate Debtor and further to provide the Applicant with the administrator ID and password and/or necessary credentials to access the domain “smaaash.in”;
e. To pass the necessary order and injunction restraining the Respondent No. 5 from registering any changes to the domain “smaaash.in” that are without the Applicant’s written permission pending the CIRP of the Corporate Debtor;
f. To pass the necessary orders directing the Respondent No.8 to provide the Applicant with the administrator password and credentials to access the email server of the Corporate Debtor including the password for “admin@smaaash.in”;
g. In the alternative to prayer clause (e), the Respondent No. 6 be directed to provide the Applicant with the administrator password and credentials to access the email server of the Corporate Debtor including the password for “admin@smaaash.in”;
h. To pass the necessary order and injunction restraining the Respondent No. 6 to not register any changes to the administrator email ID (admin@smaaash.in) and/or email server of the Corporate Debtor that are without the Applicant’s written permission pending the CIRP of the Corporate Debtor;
i. To pass the necessary order and injunction restraining the Respondent Nos. 1, 2, 4 and/or 8 jointly and/or severally, from in any manner whatsoever, utilizing telephone number 8377008667, including but not limited for their entities, including SLL and/or Respondent No.8;
j. To pass the necessary orders directing the Respondent No. 7 to forthwith provide information pertaining to the Corporate Debtor when enquiries are made on the telephone number 8377008667;
k. To pass the necessary orders and directions to the Respondent No. 7 to forthwith cease and desist from disseminating information pertaining to SLL and/or FGAPL when enquiries are made on the telephone number 8377008667;
l. To pa
