# Superwave Communication and Infrasolution Private Limited vs. Rayways Infra Projects Private Limited

> NCLT judgment dated 2026-06-11. Citation: TCN-2026-NCLT-00565. Superwave Communication and Infrasolution Private Limited (Operational Creditor/Applicant)…

- **Court:** NCLT
- **Order date:** 11 Jun 2026
- **Citation:** TCN-2026-NCLT-00565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/superwave-communication-and-infrasolution-private-limited-vs-rayways-infra-proje-7vph3

## Summary

### Background

Superwave Communication and Infrasolution Private Limited (Operational Creditor/Applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Rayways Infra Projects Private Limited (Corporate Debtor/Respondent) for the initiation of Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of Rs. 1,22,33,029/- (excluding interest) with a default date of 04.01.2024, arising from the supply and installation of goods for the Ahmednagar Bypass project. The Corporate Debtor had made a part payment of Rs. 60,00,000/- but failed to pay the remaining amount despite repeated demands. The Corporate Debtor raised several defenses, including non-service of demand notice, non-compliance with IBBI regulations,

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## Facts

Superwave Communication and Infrasolution Private Limited (Operational Creditor/Applicant/SCAIPL) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016.

The application was filed against Rayways Infra Projects Private Limited (Corporate Debtor/Respondent) for the initiation of Corporate Insolvency Resolution Process (CIRP).

The default amount claimed is Rs. 1,22,33,029/- excluding interest.

The date of default is 04.01.2024.

The Applicant is engaged in the business of construction and maintenance of highways and toll plazas, and the Corporate Debtor is in a similar business.

The Operational Creditor was awarded work for the Ahmednagar Bypass project via Project Work order No. 0125-2023 dated 12.10.2023.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has complied with the mandatory requirement of service of demand …

**Ratio:** A demand notice served via email to the Corporate Debtor's registered email address and

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**Reasoning:** The demand notice dated 16.04.2024 was sent through multiple modes, including email to

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**Interpretation:** The NCLT interpreted Rule 5(1) to allow for email service to KMP and considered

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**Application:** The NCLT applied this interpretation to the facts, concluding that the

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## Parties

- **Judges:** KAUSHALENDRA…; KHETRABASI…
- **Appellants:** SUPERWAVE…
- **Respondents:** Rayways Infra…
- **Other parties:** Anshuman…; Kiran G…; +1 more
- **Advocates:** Yashraj…; Sahil K…; +1 more

## Timeline

- **2023-10-12 — Work Order…**: Project Work order No. 0125-2023 issued by the Corporate Debtor to the Operational…
- **2023-11-14 — Part Paymen…**: Part payment of Rs. 60,00,000/- made by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 46(2) — Relevant period for avoidable transactions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-46)

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