# In the matter of Wardwiz (India) Solutions Private Limited

> NCLT judgment dated 2024-07-16. Citation: TCN-2024-NCLT-00998. The Operational Creditor filed an application under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 16 Jul 2024
- **Citation:** TCN-2024-NCLT-00998
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/wardwiz-india-solutions-private-limited-f7e565b6

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to unpaid operational debt for manpower services.

## Facts

Quess Corp Limited, the Operational Creditor, filed an application on April 14, 2022, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Wardwiz (India) Solutions Private Limited, the Corporate Debtor. The Operational Creditor provides manpower services, and the Corporate Debtor is involved in marketing and distribution of anti-virus software. The Corporate Debtor engaged the Operational Creditor for manpower services, entering into a Service Agreement on June 25, 2018. The agreement stipulated that payments for invoices were due within 30 working days. The Operational Creditor raised several

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor properly served the Demand Notice under Section 8 of the …

**Ratio:** Proper service of the Demand Notice under Section 8 of the Code, read with Rule 5 of the

…

**Reasoning:** The Demand Notice was sent to an incorrect PIN code ('411043' instead of '411045'), which

…

**Interpretation:** The court interpreted Section 8 and Rule 5 as requiring strict adherence to the

…

**Application:** Since the Demand Notice was sent to an incorrect address, the court found that

…

## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Quess Corp…
- **Respondents:** WARDWIZ (INDIA)…
- **Advocates:** Aviral Dhi…; For the Operationa…

## Timeline

- **June 25, 2018 — Service Agr…**: The Operational Creditor and Corporate Debtor entered into a Service Agreement for…
- **March 29, 2019 — First Date of…**: Invoices raised on this date remained…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/wardwiz-india-solutions-private-limited-f7e565b6