# In the matter of Wipro Limited I.A. No. 409-2018 in CP (IB) 112-BB-2018

> NCLT judgment dated 2018-12-31. Citation: TCN-2018-NCLT-00007. Shri Jagan Pampapathy, an ex-employee of Wipro Limited, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 31 Dec 2018
- **Citation:** TCN-2018-NCLT-00007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/wipro-limited-ia-no-409-2018-in-cp-ib-112-bb-2018-590e797d

## Summary

### Background

Shri Jagan Pampapathy, an ex-employee of Wipro Limited, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Wipro for defaulting on a payment of Rs. 1,37,115, representing a portion of his salary for April, May, and June 2017. Wipro contested the application, arguing that the amount was disputed due to the applicant's unauthorized absence from work and failure to return company laptops. Wipro also claimed damages of Rs. 50,00,000 from the applicant for the laptop issue.

## Facts

Shri Jagan Pampapathy, formerly employed as a 'Senior Domain Consultant' at Wipro Limited with a monthly salary of Rs. 1,62,134, claimed a default of Rs. 1,37,115 for unpaid salary for April, May, and June 2017. Wipro contested this, stating the applicant was unauthorizedly absent from work, failed to swipe in/out, and did not follow company procedures for leave. Wipro issued show cause notices and enquiry notices to the applicant. The applicant resigned on 29.06.2017. Wipro alleged the applicant failed to return two company laptops containing sensitive data and filed a police complaint and a petition under the Information Technology Act seeking Rs. 50,00,000 in damages. The applicant returned Rs. 39,600 to Wipro's account. Wipro also issued legal notices to the

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## Issues and analysis

### Issue 1: Whether the application filed by Shri Jagan Pampapathy under Section 9 of the IBC, 2016, is …

**Ratio:** The fundamental requirements to initiate an insolvency resolution process are that there

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**Reasoning:** The Tribunal considered the submissions made by both the applicant and the respondent. It

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**Interpretation:** The interpretation of Section 9 of the IBC, 2016, requires that there be a

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**Application:** In this case, the Tribunal found that there was a genuine dispute regarding the

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** Jagan Pamp…
- **Respondents:** M/s. Wipro…

## Timeline

- **2014-02-10 — Appointment…**: The Applicant's services were engaged by the…
- **2017-04-01 — Period of Alleged…**: The Applicant claims default on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43 — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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