# In the matter of Wave Global Educational Service Private Limited Company Petition No. IB-946-ND-2019

> NCLT judgment dated 2019-11-18. Citation: TCN-2019-NCLT-00566. The case originates from a Company Petition filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 18 Nov 2019
- **Citation:** TCN-2019-NCLT-00566
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/wave-global-educational-service-private-limited-company-petition-no-ib-946-nd-20-64434024

## Summary

### Background

The case originates from a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Mr. Sahil Garg & Ors (Operational Creditors) to initiate the Corporate Insolvency Resolution Process (CIRP) against Wave Global Educational Service Private Limited (Corporate Debtor). The applicants were appointed as teaching staff at the coaching center at Rohtak, Haryana of the corporate debtor. The corporate debtor is a private limited company, incorporated under the provisions of Companies Act, 1956 on 12.07.2016.

## Facts

Mr. Sahil Garg & Ors, the applicants, were appointed as teaching staff at the coaching center at Rohtak, Haryana of Wave Global Educational Service Private Limited, the corporate debtor. The applicants' salaries were not paid from September 2018 to November 2018, leading to a total outstanding amount of Rs 7,69,417/-. The applicants issued a legal notice on 26.12.2018 and a demand notice on 16.01.2019 to the corporate debtor. The corporate debtor failed to pay the outstanding amount and did not respond to the notices or appear before the Tribunal. The applicants filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, on 09.04.2019. The date of default occurred from November 2018.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is complete …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, allows for the admission of an

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**Reasoning:** The Tribunal observed that the application was complete in all respects, and the

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

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**Application:** The application was found to be complete as the applicants had submitted all

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## Parties

- **Judges:** DEEPTI M…; Sh. Hemant Kumar…
- **Appellants:** Sahil…
- **Respondents:** Wave Global…

## Timeline

- **2016-07-12 — Incorporation of…**: Wave Global Educational Service Private Limited was incorporated under the Companies Act,…
- **2018-08-01 — Applicants…**: The Applicants had stated that in the month of August 2018, the corporate debtor was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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