# In the matter of Wig Brothers Construction Private Limited C.P.No.IB-614(ND)-2017

> NCLT judgment dated 2018-07-09. Citation: TCN-2018-NCLT-01177. This case involves an application filed by Nuvoco Vistas Corporation Limited (the Applicant),…

- **Court:** NCLT
- **Order date:** 9 Jul 2018
- **Citation:** TCN-2018-NCLT-01177
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/wig-brothers-construction-private-limited-cpnoib-614nd-2017-01483244

## Summary

### Background

This case involves an application filed by Nuvoco Vistas Corporation Limited (the Applicant), an operational creditor, against WIG Brothers Construction Private Limited (the Respondent), a corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The application pertains to unpaid dues for the supply of RMX for project sites. The Applicant and the Respondent had an agreement for the supply of RMX between March 2013 and July 2016, during which the Respondent issued purchase orders. The Applicant demanded payments between August 8, 2016, and December 3, 2016, but received no payments. Several cheques issued by the Respondent were returned unpaid. The Applicant issued a demand notice on March 20, 2017, under Section 8 of the Code, but no payment was

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## Facts

Nuvoco Vistas Corporation Limited (Applicant) and WIG Brothers Construction Private Limited (Respondent) entered into an agreement for the supply of RMX for project sites between March 2013 and July 2016. The Respondent issued purchase orders during this period. The Applicant demanded payments between August 8, 2016, and December 3, 2016, but received no payments. Several cheques issued by the Respondent were returned unpaid. The Applicant issued a demand notice on March 20, 2017, under Section 8 of the Insolvency and Bankruptcy Code, 2016 (IBC), but no payment was received. A meeting was held on April 5, 2017, and a reply dated April 20, 2017, was received, in which the Respondent admitted its liability. The Applicant filed an application claiming a default amount of

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## Issues and analysis

### Issue 1: Whether a demand notice valid under Section 8 of the Code has been served on the Respondent by the …

**Ratio:** The Hon'ble Supreme Court's decision in Macquarie Bank clarified the interpretation of

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**Reasoning:** The first demand notice dated 20.03.2017 was issued by the counsel for the Applicant and

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**Interpretation:** The interpretation of Section 8 of the Code, as clarified by the Supreme Court

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**Application:** In this case, the first demand notice dated 20.03.2017 was validly issued and

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## Parties

- **Judges:** R. VARADH…; V.K. SUB…
- **Appellants:** Nuvoco Vistas…
- **Respondents:** Wig Brothers…
- **Advocates:** Gaurav…; Pooja M.…; +2 more

## Timeline

- **2013-03-01 — Agreement for Supply of…**: The Applicant and the Respondent entered into an agreement for the supply of RMX for…
- **2016-07-01 — End of RMX Supp…**: The period for the supply of RMX by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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