# In the matter of Kamper Concast Limited

> NCLT judgment dated 2025-05-21. Citation: TCN-2025-NCLT-00962. Vyom Mines and Minerals Private Limited filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 21 May 2025
- **Citation:** TCN-2025-NCLT-00962
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/kamper-concast-limited-f19e48fe

## Summary

### Background

Vyom Mines and Minerals Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Kamper Concast Limited.

## Facts

Vyom Mines and Minerals Private Limited (Operational Creditor) filed a petition under Section 9 of IBC against Kamper Concast Limited (Corporate Debtor).

The initial amount claimed to be in default was Rs 1,26,48,396/- including interest.

The Corporate Debtor made a payment of Rs. 8,50,000/-.

The date of default was 24/01/2023.

The Operational Creditor issued a notice under Section 8 of IBC on 17.08.2023.

The application was filed on 12.12.2023.

The amount of default on the date of filing the application was Rs. 98,64,502.35/-.

There was no express agreement between the Operational Creditor and Corporate Debtor for computing interest.

## Issues and analysis

### Issue 1: Whether the Petition is non …

**Ratio:** The threshold limit for initiating CIRP is determined based on the amount of default on

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**Reasoning:** The NCLAT and other coordinate benches have held that the threshold limit is applicable

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**Interpretation:** Section 4 of IBC requires a minimum threshold of default for the application to

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**Application:** Since the amount of default on the date of filing the application was below the

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## Parties

- **Judges:** Labh S…; Ms Rekha Kantilal…
- **Appellants:** Vyom Mines and…
- **Respondents:** Kamper Concast…
- **Advocates:** Ms.Urmila…; Mr.Avirup…; +7 more

## Timeline

- **2023-01-24 — Date of D…**: The date on which the…
- **2023-08-17 — Section 8…**: The applicant issued Notice…

## 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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