# In the matter of Wipro Limited C.P. (IB) No. 146-BB-2020

> NCLT judgment dated 2020-12-01. Citation: TCN-2020-NCLT-00191. Sindhu Cargo Services Private Limited, an operational creditor, filed a petition under Section…

- **Court:** NCLT
- **Order date:** 1 Dec 2020
- **Citation:** TCN-2020-NCLT-00191
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/wipro-limited-cp-ib-no-146-bb-2020-ae0b652d

## Summary

### Background

Sindhu Cargo Services Private Limited, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Wipro Limited, the corporate debtor, due to an alleged default of Rs. 41,52,470/-. The operational creditor claimed that Wipro had defaulted on payments for logistic services provided until 17.09.2014. The corporate debtor contested the petition, arguing that the claim was time-barred, there was a pre-existing dispute, and all dues had been cleared.

## Facts

Sindhu Cargo Services Private Limited (Operational Creditor) filed a petition against Wipro Limited (Corporate Debtor) under Section 9 of the IBC, claiming a default of Rs. 41,52,470/- for logistic services. Sindhu Cargo claimed to have provided services until 17.09.2014, with the last payment received on 24.01.2017. A demand notice was issued on 02.01.2020. Wipro contested the claim, stating it was time-barred, a pre-existing dispute existed, and all dues had been cleared. Wipro presented email correspondence indicating that payments had been made and adjusted against outstanding invoices, including a deduction of Rs. 14,73,569/- for desktop purchases. Wipro also argued that the claim was time-barred as the cause of action arose more than three years before the

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## Issues and analysis

### Issue 1: Whether the petition is …

**Ratio:** The law of limitation dictates that legal proceedings must be initiated within a

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**Reasoning:** The NCLT observed that the claim arose during 2009-2014, with the last bill dated

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**Interpretation:** The IBC was not intended to revive old demands barred by limitation. The

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**Application:** The NCLT applied the principle of limitation to the facts, noting that the

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Sindhu Cargo…
- **Respondents:** Wipro Li…; Wipro…

## Timeline

- **2014-09-17 — Last Date of Service…**: Sindhu Cargo Services Pvt. Ltd. provided…
- **2017-01-24 — Last Payment…**: Sindhu Cargo Services Pvt. Ltd.…

## 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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